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Gresham Revised Code -- Need your input..

Dogbait

Regular Member
Joined
Apr 8, 2010
Messages
155
Location
Oregon
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:

Teddybearfrmhell

Regular Member
Joined
Mar 12, 2010
Messages
348
Location
Cottage Grove, Oregon, USA
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?
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
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????
 

Dogbait

Regular Member
Joined
Apr 8, 2010
Messages
155
Location
Oregon
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)

§ 161.635¹
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)

§ 161.615¹
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:

BadMoon Risin68

Regular Member
Joined
Oct 3, 2011
Messages
53
Location
Portland, OR
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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