Results 1 to 16 of 16

Thread: Hello Oregon OC'ers

  1. #1
    Regular Member
    Join Date
    Oct 2011
    Location
    Portland, OR
    Posts
    53

    Hello Oregon OC'ers

    I live in the town of Tigard, Oregon. I do not have a concealed weapons permit "yet" however I would like to uphold my freedoms as a Law-abiding US Citizen. I have found a little on open carry without a permit, but it still seems kinda vague. The Question I have is weather I can have my bullets in the "magazine" being that it is removed from the weapon. Now here is the fun part: Tigard states that they do not allow a loaded magazine without a permit, However ORS stats that No Citys can regulate ammunition.

    Here is my research


    166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.
    (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]
    166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.
    (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
    (a) A law enforcement officer in the performance of official duty.
    (b) A member of the military in the performance of official duty.
    (c) A person licensed to carry a concealed handgun.
    (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.
    (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3]
    166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms. Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 §5]

    Tigard
    7.32.125 Carrying Loaded Firearms. As used in this section, "firearm" means a pistol, revolver, gun, rifle or other mechanism, including a miniature weapon which projects a missile or shot by force of gunpowder or any other explosive, or by spring or by compressed air. (a) It is unlawful for any person to possess a firearm in a public place as that term is defined in ORS 161.015 unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine. This section does not apply to
    or affect: (1) a law enforcement officer in the performance of official duty; (2) a member of the military in the performance of official duty; (3) a person licensed to carry a
    concealed handgun; (4) a person authorized to possess a loaded firearm while in or on a public building under ORS 166.370. (b) It is unlawful for any person possessing a firearm in a public place to refuse to permit a peace officer to inspect that firearm after the peace officer has identified himself as such. (c) Violation of any portion of subsections (a) and (b) is a Class A misdemeanor. (Ord. 96-28; Ord. 76-22 §1, 1976).

    However Tigard's Law is 1976 and Oregons is 1995 who wins?

    Thanks Guys and Gals

  2. #2
    Regular Member
    Join Date
    Mar 2010
    Location
    Cottage Grove, Oregon, USA
    Posts
    348
    Quote Originally Posted by BadMoon Risin68 View Post
    I live in the town of Tigard, Oregon. I do not have a concealed weapons permit "yet" however I would like to uphold my freedoms as a Law-abiding US Citizen. I have found a little on open carry without a permit, but it still seems kinda vague. The Question I have is weather I can have my bullets in the "magazine" being that it is removed from the weapon. Now here is the fun part: Tigard states that they do not allow a loaded magazine without a permit, However ORS stats that No Citys can regulate ammunition.

    Here is my research


    166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.
    (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]
    166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.
    (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
    (a) A law enforcement officer in the performance of official duty.
    (b) A member of the military in the performance of official duty.
    (c) A person licensed to carry a concealed handgun.
    (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.
    (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3]
    166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms. Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 §5]

    Tigard
    7.32.125 Carrying Loaded Firearms. As used in this section, "firearm" means a pistol, revolver, gun, rifle or other mechanism, including a miniature weapon which projects a missile or shot by force of gunpowder or any other explosive, or by spring or by compressed air. (a) It is unlawful for any person to possess a firearm in a public place as that term is defined in ORS 161.015 unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine. This section does not apply to
    or affect: (1) a law enforcement officer in the performance of official duty; (2) a member of the military in the performance of official duty; (3) a person licensed to carry a
    concealed handgun; (4) a person authorized to possess a loaded firearm while in or on a public building under ORS 166.370. (b) It is unlawful for any person possessing a firearm in a public place to refuse to permit a peace officer to inspect that firearm after the peace officer has identified himself as such. (c) Violation of any portion of subsections (a) and (b) is a Class A misdemeanor. (Ord. 96-28; Ord. 76-22 §1, 1976).

    However Tigard's Law is 1976 and Oregons is 1995 who wins?

    Thanks Guys and Gals

    tigard can pass any law they want restricting carry..... and it doesnt apply to anyone with a valid oregon chl
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

  3. #3
    Regular Member
    Join Date
    Oct 2011
    Location
    Portland, OR
    Posts
    53
    So why does Tigard have the right to regulate where my bullets are if they are removed from the gun? Its a component of the gun not a loaded gun. If so how would I go about carrying in Tigard without a permit? since I dont have one yet?

  4. #4
    Regular Member
    Join Date
    Mar 2010
    Location
    Cottage Grove, Oregon, USA
    Posts
    348
    Quote Originally Posted by BadMoon Risin68 View Post
    So why does Tigard have the right to regulate where my bullets are if they are removed from the gun? Its a component of the gun not a loaded gun. If so how would I go about carrying in Tigard without a permit? since I dont have one yet?
    tigard can make any laws regarding firearms that they want, what they cant do is apply them to chl holders.

    all you can do is wait till you get your chl or move
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

  5. #5
    Regular Member
    Join Date
    May 2011
    Location
    Medford, Oregon, United States
    Posts
    125
    (This is not legal advice, please seek a lawyer for legal advice)

    In the way I read it, The county and city under the law of the statute of ORS 166.170 only allow them to regulate (ban) a loaded firearm from public property (except CHL holders) and that does not include ammunition in a mag (component of a firearm) which is not in a firearm, which it only can be regulate by the state. A mag full of ammo is a component of a firearm and can not in any way be called a loaded firearm, when the mag of ammo is not in a firearm.

  6. #6
    Regular Member
    Join Date
    Mar 2010
    Location
    Cottage Grove, Oregon, USA
    Posts
    348
    Quote Originally Posted by Warren Drouin View Post
    (This is not legal advice, please seek a lawyer for legal advice)

    In the way I read it, The county and city under the law of the statute of ORS 166.170 only allow them to regulate (ban) a loaded firearm from public property (except CHL holders) and that does not include ammunition in a mag (component of a firearm) which is not in a firearm, which it only can be regulate by the state. A mag full of ammo is a component of a firearm and can not in any way be called a loaded firearm, when the mag of ammo is not in a firearm.

    huh?
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

  7. #7
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
    Join Date
    Jun 2008
    Location
    Oregon
    Posts
    1,748
    There has been quite a bit of discussion regarding the regulation of magazines by municipalities. I believe the conclusion the majority of people on this forum have come to is that municipalities cannot regulate the loaded status of magazines. Will the police realize this is another question entirely. If I was going to unloaded open carry without a CHL, I'd openly carry my magazines as well as the firearm itself. In this way, all components of the firearm are not concealed. Also, as long as you stay out of public buildings or the land surrounding public buildings, there is no easy way for a police officer to check the loaded status of the firearm. Just remain silent if you are detained and don't consent to any searches and you should theoretically be okay.

  8. #8
    Regular Member
    Join Date
    Mar 2010
    Location
    Cottage Grove, Oregon, USA
    Posts
    348
    Quote Originally Posted by bigtoe416 View Post
    There has been quite a bit of discussion regarding the regulation of magazines by municipalities. I believe the conclusion the majority of people on this forum have come to is that municipalities cannot regulate the loaded status of magazines.
    municipalities can and do regulate anything they want..... they can regulate the color of your house, where you park your car. what time a business must close. until the law is challenged and struck down, its still a law.

    there is no law saying that they cant regulate your magazine. they can. they can not however apply said law to a person with a valid oregon chl.

    if i am wrong, show me the law prohibiting local goverment from doing so?
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

  9. #9
    Regular Member Lord Sega's Avatar
    Join Date
    Jul 2010
    Location
    Warrenton, Oregon
    Posts
    317
    Quote Originally Posted by Teddybearfrmhell View Post
    (snip) ...there is no law saying that they cant regulate your magazine. they can. they can not however apply said law to a person with a valid oregon chl.

    if i am wrong, show me the law prohibiting local goverment from doing so?
    Sorry TBFH, you are wrong...

    Note, I am not a lawyer, but it reads fairly straight forward. Research and / or talk with a real lawyer and decide for yourself.

    If you read ORS 166.170 you will see that the state has full control over firearms unless expressly authorized.
    Cities are allowed to regulate loaded carry (ORS 166.173) & to regulate discharge (ORS 166.172).

    Any city ordinance can only regulate loaded firearms, not loaded magazines that are separate from the firearm, BUT many cities have done this. Portland, Astoria, and Tigard (and probably many other cities) have unloaded magazine/clip ordinances that are VOID according to ORS 166.170. I am trying to have this corrected in Astoria.
    Until someone gets busted for unloaded open carry w/o CHL but with "loaded" magazine and becomes the test case in the courts, the cities will probably never remove or correct the void parts of their ordinaces.

    This will cause problems for 18-20 year olds who can't get a CHL until 21.

    Play it safe, get your CHL soon as you can. An Oregon CHL allows you to OC or CC and be exempt from city ordinances for unloaded firearm carry.

    ------

    OREGON STATE
    166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

    (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void.


    166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.

    (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
    ...
    (c) A person licensed to carry a concealed handgun.
    Last edited by Lord Sega; 10-04-2011 at 04:52 PM.

  10. #10
    Regular Member
    Join Date
    Mar 2010
    Location
    Cottage Grove, Oregon, USA
    Posts
    348
    Quote Originally Posted by Lord Sega View Post
    Sorry TBFH, you are wrong...

    Note, I am not a lawyer, but it reads fairly straight forward. Research and / or talk with a real lawyer and decide for yourself.

    If you read ORS 166.170 you will see that the state has full control over firearms unless expressly authorized.
    Cities are allowed to regulate loaded carry (ORS 166.173) & to regulate discharge (ORS 166.172).

    well since 166.173 says "Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015."

    we are now splitting hairs by definition. and as i said in a latter post, until those laws are overturned, you will still face charges. dont misunderstand me, i am not championing the cities laws, they are wrong and need to go.... i am however saying that the courts will decide and we will pay until they do.
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

  11. #11
    Regular Member
    Join Date
    Oct 2011
    Location
    Portland, OR
    Posts
    53
    Quite mind boggling and frustrating I am applying for a concealed weapons permit here shortly, so thanks guys I don't really want to have some small thing turn into something huge and dumb, but I do support my rights. I can understand why they have the laws but the technicalities are quite annoying.

  12. #12
    Regular Member Deadcenter45's Avatar
    Join Date
    Jan 2009
    Location
    SW Oregon Coast
    Posts
    32
    Readers, please keep in mind that the issues described here only exist in a small minority of the cities and towns in Oregon.

    OC in most of Oregon is a non issue.



    Android + Tapatalk



    ETA:
    This graphic from the last election shows the core of the issue.



    OC in any area marked in red and most people will never notice our say anything.
    Last edited by Deadcenter45; 10-04-2011 at 06:24 PM.

  13. #13
    Regular Member
    Join Date
    Mar 2010
    Location
    Cottage Grove, Oregon, USA
    Posts
    348
    Quote Originally Posted by Deadcenter45 View Post
    Readers, please keep in mind that the issues described here only exist in a small minority of the cities and towns in Oregon.
    but as the OP lives in tigard and his questions were about tigard , it is pretty important to him
    *Disclaimer~ I am not an attorney, i do not give legal advice. Any opinion stated here is in no way meant to insinuate, imply, compel or encourage that you should do anything that is illegal either knowingly or otherwise. My answers however valid may not be complete or applicable to your individual situation. I strongly recommend that you do your own research, make your own decisions and hire an attorney for legal advice ~

  14. #14
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
    Join Date
    Jun 2008
    Location
    Oregon
    Posts
    1,748
    Quote Originally Posted by Teddybearfrmhell View Post
    we are now splitting hairs by definition. and as i said in a latter post, until those laws are overturned, you will still face charges.
    It's possible that if you carry a loaded magazine in Tigard that you will be arrested. It's also possible the police won't bother because they know the law isn't enforceable. It's also possible that the police will realize they can't check to see if you are carrying a loaded magazine without illegally arresting you. Here's how unloaded open carry _should_ play out in Tigard, even if the state preemption didn't exist and it really was illegal to carry a loaded magazine.

    A cop sees you open carrying and knows that you have to have a CHL to do so in Tigard. He approaches you.

    Choice 1:

    Cop - Hi, do you have a CHL?
    You - Hi, am I being detained?
    Cop - Uh...no, I'm asking you if you have a CHL.
    You - Well if I'm not being detained, then I'll be on my way.

    Choice 2:

    Cop - Hi, do you have a CHL?
    You - Hi, am I being detained?
    Cop - Yes you are. I need to verify that you have a CHL and are carrying legally.
    You - I'll be exercising my right to remain silent then.
    Cop - Please give me your CHL.
    You - ...
    Cop - <gets on his radio> Hi Sarge, I have this guy here with an openly carried gun and he isn't talking and he hasn't produced a CHL. What should I do?
    Sarge - Hmmm.... Well we can't arrest him because open carrying isn't always a crime, we can't detain him because we can't articulate why this guy has or is about to commit a crime, so I guess we have to let him go.
    Cop - Uh...okay, you're free to go.

    Choice 3:
    <same up to sarge>
    Sarge - Arrest him!
    <some time passes>
    Public defender - How did you determine that Open Carry Bob's magazine was loaded?
    Cop - I arrested him and then seized it as part of the arrest.
    PD - What did you arrest him for?
    Cop - Carrying a loaded magazine.
    PD - I guess we'll be throwing that evidence out then, which doesn't leave the prosecutor with a case.

    Choice 4:
    <same up to PD>
    Public defender - How did you determine that Open Carry Bob's magazine was loaded?
    Cop - I detained him and performed a Terry search.
    PD - What did you detain him for?
    Cop - Suspicion of carrying a loaded magazine.
    PD - And why did you suspect that?
    Cop - He was open carrying.
    PD - No, why did you suspect his magazine was loaded?
    Cop - He wasn't producing a CHL.
    PD - That's not suspicion of a crime.

    Will it absolutely go one of these ways? Nope, but it should. See U.S. v. Ubiles, where a Virgin Islands resident was arrested for carrying a concealed firearm without a license and with the serial number obliterated. How did Ubiles note to to prison? The cops didn't have the ability to search him despite the fact that somebody reported that he was carrying a concealed weapon.

    Quote Originally Posted by U.S. v. Ubiles
    Moreover, while there are ways to possess a gun illegally in the Territory-such as by possessing a gun with an altered serial number, see 18 U.S.C. § 922(k), or by possessing an unlicensed gun, see V.I. Code Ann. tit. 14, § 2253(a)-the Virgin Islands legislature has not enacted a criminal statute prohibiting gun possession in a crowd or at a carnival.
    This situation is no different than if Lockhart had told the officers that Ubiles possessed a wallet, a perfectly legal act in the Virgin Islands, and the authorities had stopped him for this reason.   Though a search of that wallet may have revealed counterfeit bills-the possession of which is a crime under United States law, see 18 U.S.C. §§ 471-72-the officers would have had no justification to stop Ubiles based merely on information that he possessed a wallet, and the seized bills would have to be suppressed.
    As with the case of the hypothetical wallet holder, the authorities here had no reason to know that Ubiles's gun was unregistered or that the serial number had been altered.   Moreover, they did not testify that it is common for people who carry guns in crowds-or crowds of drunken people-to either alter or fail to register their guns, or to use them to commit further crimes-all of which would be additional evidence giving rise to the inference that Ubiles may have illegally possessed his gun or that criminal activity was afoot.   Therefore, as with the wallet holder, the authorities in this case had no reason to believe that Ubiles was engaged in or planning or preparing to engage in illegal activity due to his possession of a gun.   Accordingly, in stopping him and subsequently searching him, the authorities infringed on Ubiles's Fourth Amendment rights.
    Similarly, while there are ways to open carry illegally in Tigard, there are also ways to open carry legally in Tigard (with no rounds in a magazine or with a CHL). The police lack the ability to arrest you in a way where the evidence against you wouldn't be suppressed. The only way you could get arrested and be prosecuted would be if you told the police officers that you had rounds in a magazine and you did not have a CHL, but even then the preemption of the state would save you since the law is invalid.

  15. #15
    Regular Member We-the-People's Avatar
    Join Date
    Aug 2009
    Location
    White City, Oregon, USA
    Posts
    2,234
    IANAL but this is the legal "flow" of how is SHOULD work. We all know that it doesn't always go the way the LAW says it is supposed to:

    ORS 166.170 State preemption, says unless EXPRESSLY AUTHORIZED only the legislature can regulate the possession, transportation, or use of firearms or any element relating to firearms, including ammunition.

    ORS 166.173 Authority of subdivisions of the state, then grants express authority to "city or county to regulate possession of loaded firearms in public places"

    Public Places, as definted by the state statute applicable to 166.173 (ORS 166.015) and case law, basically includes anywhere that the public has access, including (in some convoluted and warped thinking via an Oregon court decision) inside your vehicle on a public street.

    However, 166.170 specifically mentions firearms, ammunition, "or any element relating to firearms".

    AND

    Since the Legislature has not seen fit to define "loaded firearm" for the purposes of 166.173, we must turn to the "generally used" definiton. We find in ORS 166.360 that the Legislature has defined "Loaded firearm" (for the purposes of ORS 166.360 to 380 which deals with sensitive places such as "public buildings", "court facilities", etc., which it also defines) as "A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm".

    166.190 further shows that the Legislature fully understands the difference between a LOADED and EMPTY firearm as that statute differentiates between the two.

    In the absence of a definition that specifically applies to "public places", the courts must turn to the definition provided elsewhere by the Legislature. Since the Legislature has elsewhere defined the term, which importantly is still within the statutes on the carry of firearms, and that definition applies to much more "sensitive" public areas (i.e. public buildings, courts, etc.), it is improbable that they would define a more restrictive definition for use in a less sensitive area. Therefore the courts would go with the definiton provided in 166.360.

    It would be a difficult, and should be a failing, argument for a prosecutor to make, that the legislature intended a more restrictive definition of "loaded" in less sensitive areas.



    Also, since a FIREARM is defined in 166.210 as "a weapon...designed to expel a projectile by the action of gunpowder" while a MAGAZINE is merely an element of a firearm which stores complete rounds of ammuntion so that they may be fed into a firearm, and ONLY firearms are allowed to be regulated by cities and counties, regulating magazines that are not in a firearm IS NOT within the authority of any political subdivision of the state and resides solely with the Legislature.


    Now here is the REALITY CHECK... DO YOU WANT TO BE THE TEST CASE?


    REMEMBER....I AM NOT A LAWYER and the foregoing is NOT LEGAL ADVICE. It is the way I personally read the statutes, case law, and the methodologies employed within our judicial system.



    CITATIONS:

    166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

    (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]


    166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015. (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

    (a) A law enforcement officer in the performance of official duty.

    (b) A member of the military in the performance of official duty.

    (c) A person licensed to carry a concealed handgun.

    (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.

    (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3]


    166.190 Pointing firearm at another; courts having jurisdiction over offense. Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury. [Formerly 163.320]


    166.210 Definitions. As used in ORS 166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470:

    (1) “Antique firearm” means:

    (a) Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and

    (b) Any replica of any firearm described in paragraph (a) of this subsection if the replica:

    (A) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

    (B) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.

    (2) “Corrections officer” has the meaning given that term in ORS 181.610.

    (3) “Firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder.

    (4) “Firearms silencer” means any device for silencing, muffling or diminishing the report of a firearm.

    (5) “Handgun” means any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder.

    (6) “Machine gun” means a weapon of any description by whatever name known, loaded or unloaded, which is designed or modified to allow two or more shots to be fired by a single pressure on the trigger device.

    (7) “Minor” means a person under 18 years of age.

    (8) “Offense” has the meaning given that term in ORS 161.505.

    (9) “Parole and probation officer” has the meaning given that term in ORS 181.610.

    (10) “Peace officer” has the meaning given that term in ORS 133.005.

    (11) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle if the weapon has an overall length of less than 26 inches.

    (12) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if the weapon has an overall length of less than 26 inches. [Amended by 1977 c.769 §1; 1979 c.779 §3; 1989 c.839 §1; 1993 c.735 §14; 1995 c.670 §3; 1999 c.1040 §2; 2001 c.666 §§32,44; 2003 c.614 §7; 2007 c.368 §1; 2009 c.610 §4]


    166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:

    (1) “Capitol building” means the Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building or the Public Service Building and includes any new buildings which may be constructed on the same grounds as an addition to the group of buildings listed in this subsection.

    (2) “Court facility” means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place.

    (3) “Loaded firearm” means:

    (a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.

    (b) A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder.

    (4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.

    (5) “Weapon” means:

    (a) A firearm;

    (b) Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument or a knife other than an ordinary pocket knife, the use of which could inflict injury upon a person or property;

    (c) Mace, tear gas, pepper mace or any similar deleterious agent as defined in ORS 163.211;

    (d) An electrical stun gun or any similar instrument;

    (e) A tear gas weapon as defined in ORS 163.211;

    (f) A club, bat, baton, billy club, bludgeon, knobkerrie, nunchaku, nightstick, truncheon or any similar instrument, the use of which could inflict injury upon a person or property; or

    (g) A dangerous or deadly weapon as those terms are defined in ORS 161.015. [1969 c.705 §1; 1977 c.769 §2; 1979 c.398 §1; 1989 c.982 §4; 1993 c.741 §2; 1999 c.577 §2; 1999 c.782 §6; 2001 c.201 §1]



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

    (1) “Dangerous weapon” means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

    (2) “Deadly weapon” means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.

    (3) “Deadly physical force” means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.

    (4) “Peace officer” means a sheriff, constable, marshal, municipal police officer, member of the Oregon State Police, investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorney’s office and such other persons as may be designated by law.

    (5) “Person” means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

    (6) “Physical force” includes, but is not limited to, the use of an electrical stun gun, tear gas or mace.

    (7) “Physical injury” means impairment of physical condition or substantial pain.

    (8) “Serious physical injury” means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

    (9) “Possess” means to have physical possession or otherwise to exercise dominion or control over property.

    (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]
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  16. #16
    Regular Member
    Join Date
    Oct 2011
    Location
    Portland, OR
    Posts
    53
    Wow you guys are awesome, I just sent in my my app for my permit so hopefully the process is speedy. Thank you all for posting on this topic I love learning about my rights keep up the good fight you guys!

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •