Lord Sega
Regular Member
IANAL... but the State Preemption (see highlight) makes the unloaded clip/magazine city ordinances null & void. Cities (and counties) are expressly authorized by state statute to pass ordinances of "loaded firearms in public places", it does not authorize clip/magazine or ammo ordinances.
So my question... who or how do I contact the city about this "void" city code and get the wording changed to be within the state law? Letter to the city attorney / mayor / city council? Is there a form / formal request to bring this to a council meeting? Does it require court action? Just looking for the proper procedure to follow and how to elevate it should the first attempt fail. I'm starting with Astoria since it's close to where I live, but once I know the system, I will work on other cities that are trying to regulate loaded clip/magazine.
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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.
ASTORIA
5.010 Carrying Loaded Firearm Unlawful.
(A) No person shall knowingly carry a firearm, loaded or unloaded, in a park, school ground or public building.
(B) No person on a public street or in a public place shall knowingly carry a firearm upon the person, or in a vehicle under the person's control or in which the person is an occupant, unless all ammunition or missile has been removed from the chamber and from the cylinder, clip or magazine.
(C) Subsections (A) and (B) of this section shall not apply to:
...
(3) Any person having a valid permit issued to the person by lawful authority to carry or use concealed firearms;
Re-written by me to meet state law:
ASTORIA
5.010 Carrying Loaded Firearm Unlawful.
(A) No person shall knowingly carry a loaded firearm in a park, school ground or public building.
(B) No person shall knowingly carry a loaded firearm on a public street or in a public place, or in a vehicle under the person's control or in which the person is an occupant.
(C) Subsections (A) and (B) of this section shall not apply to:
...
(3) Any person having a valid permit issued to the person by lawful authority to carry or use concealed firearms;
So my question... who or how do I contact the city about this "void" city code and get the wording changed to be within the state law? Letter to the city attorney / mayor / city council? Is there a form / formal request to bring this to a council meeting? Does it require court action? Just looking for the proper procedure to follow and how to elevate it should the first attempt fail. I'm starting with Astoria since it's close to where I live, but once I know the system, I will work on other cities that are trying to regulate loaded clip/magazine.
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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.
ASTORIA
5.010 Carrying Loaded Firearm Unlawful.
(A) No person shall knowingly carry a firearm, loaded or unloaded, in a park, school ground or public building.
(B) No person on a public street or in a public place shall knowingly carry a firearm upon the person, or in a vehicle under the person's control or in which the person is an occupant, unless all ammunition or missile has been removed from the chamber and from the cylinder, clip or magazine.
(C) Subsections (A) and (B) of this section shall not apply to:
...
(3) Any person having a valid permit issued to the person by lawful authority to carry or use concealed firearms;
Re-written by me to meet state law:
ASTORIA
5.010 Carrying Loaded Firearm Unlawful.
(A) No person shall knowingly carry a loaded firearm in a park, school ground or public building.
(B) No person shall knowingly carry a loaded firearm on a public street or in a public place, or in a vehicle under the person's control or in which the person is an occupant.
(C) Subsections (A) and (B) of this section shall not apply to:
...
(3) Any person having a valid permit issued to the person by lawful authority to carry or use concealed firearms;