Court of Appeals gets one right

bigtoe416 said:

Awesome! So is that open carry holster still going to be empty We-the-People?

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Earl Scott said:

The Oregon Court of Appeals of turns University Gun Ban

http://www.kgw.com/news/Oregon-appeals-court-throws-out-university-gun-130737873.html

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We-the-People said:

http://oregonfirearms.org/alertspage/2011/09.28.11%20ous.html

Dern it I got beat to it. Here's the OFF alert as well http://oregonfirearms.org/alertspage/2011/09.28.11%20ous.html

I'll have to think about it Bigtoe. The University system isn't RCC....you KNOW they'll squabble and hem and haw (and this is my last quarter for my AS)....but SOU where I will be NEXT quarter is Oregon University system. The poor things.

I'll be contacting Kevin (at OFF) and discussing the "finer points" of the implications of the decision and making a determination. If I weren't going through my divorce (i.e. financially challenged) there wouldn't be a question in my mind. But as it is, on my own with no partner to back me up in pursuit of my activism it's a tougher question.

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onedavetoomany said:

Does this mean you can open carry on campus with or without a CCW?

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166.370 Possession of firearm or dangerous weapon in
public building or court facility; exceptions; discharging
firearm at school.

(1) Any person who intentionally possesses a loaded or
unloaded firearm or any other instrument used as a dangerous
weapon, while in or on a public building, shall upon
conviction be guilty of a Class C felony.

(3) Subsection (1) of this section does not apply to:

(d) A person who is licensed under ORS 166.291 and
166.292 to carry a concealed handgun.

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onedavetoomany said:

Does this mean you can open carry on campus with or without a CCW?

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We-the-People said:

so if I OC a firearm, you'll OC a HOLSTER? Ummmm why just a holster?

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Earl Scott said:

I am not a lawyer nor do I claim to be as I am wondering how this opinion effects dorms as they could be considered private residences and not public building. I would love to here what the legal eagles come up with.

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161.015 General definitions. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:

(10) “Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation. [1971 c.743 §3; 1973 c.139 §1; 1979 c.656 §3; 1991 c.67 §33; 1993 c.625 §4; 1995 c.651 §5]

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Dogbait said:

With a firearm in it of course. I usually don't OC with an empty holster, so for me, putting on a holster means it will have a firearm in it.

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Thank you for conveying this information. We did in fact, receive word of this ruling from our legal counsel yesterday and we are communicating this update throughout the college leadership and the campus community. In the main, our regs & policies state that the college will follow the law regarding these matters. We are scanning all of our administrative rules, policies and codes now to identify what, if anything should be updated to that end. I don’t yet know which specific codes may need to be changed. But as you point out, it is important that everyone realize how interpretation of the law has changed and what this means for students, faculty and staff.

As I’m sure you can appreciate, there will always be folks who feel more comfortable in the presence of guns, while there will also always be folks who feel more comfortable in the absence of guns. We need to balance the interests and sensitivities of all MHCC campus users toward a safe and vibrant learning environment. We will do our best to make sure everyone is aware of their rights and responsibilities regarding licensed firearms on campus.

Best Regards,

Michelle

Executive Coordinator for Strategic Initiatives & Board Relations

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Dogbait said:

Response from Mt. Hood Community College about the ruling..

Thank you for conveying this information. We did in fact, receive word of this ruling from our legal counsel yesterday and we are communicating this update throughout the college leadership and the campus community. In the main, our regs & policies state that the college will follow the law regarding these matters. We are scanning all of our administrative rules, policies and codes now to identify what, if anything should be updated to that end. I don't yet know which specific codes may need to be changed. But as you point out, it is important that everyone realize how interpretation of the law has changed and what this means for students, faculty and staff.

As I'm sure you can appreciate, there will always be folks who feel more comfortable in the presence of guns, while there will also always be folks who feel more comfortable in the absence of guns. We need to balance the interests and sensitivities of all MHCC campus users toward a safe and vibrant learning environment. We will do our best to make sure everyone is aware of their rights and responsibilities regarding licensed firearms on campus.

Best Regards,

Michelle

Executive Coordinator for Strategic Initiatives & Board Relations

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Dogbait said:

Response from Mt. Hood Community College about the ruling..



Edit: podcast for the Bill Meyer show is available.

http://oregonedeals.com/podcast/?p=episode&name=2011-09-29_09-29-11-thursday_7am.mp3

Sent from my HTC EVO

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