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Thread: Gresham Revised Code -- Need your input..

  1. #1
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    Gresham Revised Code -- Need your input..

    I have been preparing a list of issues with the GRC and I plan on voicing these issues at a Gresham City Council meeting.

    Chapter 7 Offenses and Health:

    Article 7.10
    OFFENSES

    7.10.040. Unlawful Discharge of Firearm.
    (1) No person shall discharge a firearm.

    (2) This section does not apply to:

    (a) The discharge of a firearm at a
    shooting range, shooting gallery or other area
    approved by the city for the permitted use and
    built for the purpose of target shooting;

    (b) A peace officer acting within the scope
    of employment;

    (c) The firing of blank ammunition at
    athletic contests or military ceremonies.

    (3) Violation of any provision of this section
    is a Class B misdemeanor and, in addition to the
    remedies authorized for misdemeanors, a
    violation may be subject to a fine or penalty in
    the maximum amount of $2,500.

    (Ord. No. 1700, Amended, 03/03/2011; Ord. No. 1459,
    Amended, 11/05/1998; Ord. No. 1268, Amended,
    12/171992)
    NOTES: Missing several exmptions required under ORS 166.172 (Listed below)

    ORS 166.172 - Authority of city to regulate discharge of firearms

    1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city’s boundaries.
    (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:
    (a) A person discharging a firearm in the lawful defense of person or property.
    (b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.
    (c) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 3; 2009 c.556 2]
    --

    Article 7.10
    OFFENSES

    7.10.145 Park, Trail, and Open Space
    Prohibitions.

    (1) No person shall in a city park, trail, or
    open space area unless designated for such use:

    (omitted)

    (k) Use firearms, explosives or any
    device that includes a projectile of any kind,
    except in areas designated for such use by the
    manager;
    NOTES: Void per ORS 166.170 - State Preemption

    --

    Article 7.45
    EMERGENCY CODE


    7.45.050 Regulation of Persons and
    Property.
    When a state of emergency is declared to exist
    within the city, the manager may order the
    following measures in the interest of the public
    health, safety, or welfare, in the area designated
    as an emergency area:

    (omitted)

    (8) prohibit the sale, carrying, or possession
    of any weapons or explosives of any kind on
    public streets, public places, or any outdoor
    place
    ;
    NOTES: I am unsure on this one as there is no definition for weapons in the GRC. I will do some more digging. (Your opinion is greatly encouraged on this one)

    -


    That's all I have for now. I will update if I find anymore violations.
    Last edited by Dogbait; 11-18-2011 at 06:26 PM. Reason: Spacing

  2. #2
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    Quote Originally Posted by Dogbait View Post
    I have been preparing a list of issues with the GRC and I plan on voicing these issues at a Gresham City Council meeting.



    Chapter 7 Offenses and Health:


    Article 7.10
    OFFENSES

    7.10.040. Unlawful Discharge of Firearm.


    NOTES: Missing several exmptions required under ORS 166.172 (Listed below)




    --

    Article 7.10
    OFFENSES

    7.10.145 Park, Trail, and Open Space
    Prohibitions.



    NOTES: Void per ORS 166.170 - State Preemption

    --

    Article 7.45
    EMERGENCY CODE


    7.45.050 Regulation of Persons and
    Property.


    NOTES: I am unsure on this one as there is no definition for weapons in the GRC. I will do some more digging. (Your opinion is greatly encouraged on this one)

    -


    That's all I have for now. I will update if I find anymore violations.
    my question is , MUST the exemptions be listed in the gresham code when they are already listed in ORS 166.172 as being exempt? since state law trump the local laws, why does this matter?

    not trying to stir anything up, just wondering?
    *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 hermannr's Avatar
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    A local law that has been preempted, but left on the local books can be used for harrasment and should be removed. While it has no reason for being, does not mean they cannot try to use it if they want to insist on "their" authority.

    What struck me as strange is the fine...$2500.00? Is that in line with state law? Any fine over $1000 can be used against you when you wish it apply for a CHL or purchase/own a firearm????

  4. #4
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    Quote Originally Posted by hermannr View Post
    What struck me as strange is the fine...$2500.00? Is that in line with state law?
    According to ORS 161.635 Fines for misdemeanors, it is. (EDIT: SEE BELOW)

    161.635
    Fines for misdemeanors

    (1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding:
    (a) $6,250 for a Class A misdemeanor.
    (b) $2,500 for a Class B misdemeanor.
    (c) $1,250 for a Class C misdemeanor.


    (omitted)
    161.615
    Prison terms for misdemeanors

    Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations:

    (1) For a Class A misdemeanor, 1 year.
    (2) For a Class B misdemeanor, 6 months.
    (3) For a Class C misdemeanor, 30 days.
    (omitted)
    EDIT: I reread the language for the GRC, is this what you were referring to, hermannr?

    (3) Violation of any provision of this section
    is a Class B misdemeanor and, in addition to the
    remedies authorized for misdemeanors
    , a
    violation may be subject to a fine or penalty in
    the maximum amount of $2,500.
    Meaning they can apply a fine/penalty up to a maximum of $2,500 on top of the court fine under ORS 161.635?


    I don't understand this part, maybe I am reading your message wrong?
    Any fine over $1000 can be used against you when you wish it apply for a CHL or purchase/own a firearm????
    Last edited by Dogbait; 11-18-2011 at 07:08 PM. Reason: Clarify

  5. #5
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    I think they try to use a misdemeanor on you if it was over a 1000 dollar fine when applying for your concealed permit. Which if its been over so many years why does it matter? That's just what I got out of it.

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