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Loaded Firearm Carry Ban Cities

Phssthpok

Regular Member
Joined
Jul 17, 2007
Messages
1,026
Location
, ,
City of Fairview seems to not allow firearms in parks or city w/o a CHL.

Chapter 12.30
PARK RULES AND REGULATIONS
L. No firearms or explosive devices of any kind shall, without permit, be permitted upon or within any public park or premises within the city.

You forgot the most important part...The BEGINNING of that section:

12.30.070 Prohibited conduct.

The following conduct unless otherwise exempted shall be prohibited within all city parks:

Line (L) is void (unenforceable) due to state preemption.


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. [1995 s.s. c.1 §4; 1999 c.782 §8]
 

VW_Factor

Regular Member
Joined
Nov 1, 2010
Messages
1,092
Location
Leesburg, GA
How up to date is our list, or OFF's list of loaded OC ban cities? I have a buddy without CHL currently that would like to participate in OC tomorrow.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
It's pretty up-to-date as far as I know, but then I don't concern myself with the list much since I have a CHL. What city is he planning on being in?
 

Dente2040

New member
Joined
Jul 9, 2012
Messages
1
Location
Alice Texas
To your knowledge has there been any ordinances passed at the county level? I'm wanting to head down to Fry's in Wilsonville tomorrow to pick up a digital voice recorder* and I don't want to walk into lion's den unknowingly.


*Fry's has an Olympus VN4100 on sale for $30.

now living in texas. i gotta say im jealous of you. i miss fry's LOL
 

jolly__roger

Regular Member
Joined
Jun 26, 2012
Messages
43
Location
WA
Beaverton is definitely on the list of ban cities. Try Lake Oswego, but stay out of the parks, as those are off-limits under 34.12.612.

I would go nuts trying to keep up with which city or other entity has which rules and I'm thankful WA has pre-emption at the state level. I plan on getting a chl from Oregon in the future because I'm probably going to be making a lot of trips down there starting later this year or early next year. I don't want to have to worry about all of the different cities.
 

VW_Factor

Regular Member
Joined
Nov 1, 2010
Messages
1,092
Location
Leesburg, GA
Its not really that bad.

Lawfully a city can only regulate the loaded condition of open carry, and nothing more. If they have ordinances on their books that go beyond that scope, they wouldn't stand up on court when challenged properly.
 

astromech_kuhns

New member
Joined
Apr 28, 2012
Messages
3
Location
Albany OR
Is the part about Bend only banning loaded carry in parks recent and up to date? the link is expired but im heading through there today... just wanna make sure.

Thanks!
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
Is the part about Bend only banning loaded carry in parks recent and up to date? the link is expired but im heading through there today... just wanna make sure.

Thanks!

Well I did an internet search and looked all through the Bend website and didn't find any Muni codes for them. It's the nature of the internet. They must have "updated" their website and/or ISP and now it's burried somewhere or simpl wasn't put up. Caution is usually best in such situations......or a call to the city

(541) 388-5505
citymanager@ci.bend.or.us
 

Mattimusmaximus

Regular Member
Joined
Aug 20, 2012
Messages
257
Location
Hillsboro
Open carry phone call WTF?

So i called Washington county about open carry in Portland cause its a banned loaded open carry city if i could open carry without it loaded i got an unusual answer. I'm not gonna say who i talked to but i will say what he said to me. He asked why i wanted to open carry in the first place, and that i should just get a concealed carry.... of course i plan to but until then I'm left with open carry as my last option. He replied to this with just get a concealed carry otherwise "they have other ways of seeing that i don't", i was almost offended. He went on explaining the time he was in Portland on duty and Portland police pulled a gun on him. Anyway i just thought it was a little funny and wanted to share. Usually, when i go on walks with my wife, i open carry and get complements on it. He didn't have an answer for one of my questions: "do you know if there are boundary with school grounds? like a minimum distance when walking past one?" :banana::confused:
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
So i called Washington county about open carry in Portland cause its a banned loaded open carry city if i could open carry without it loaded i got an unusual answer. I'm not gonna say who i talked to but i will say what he said to me. He asked why i wanted to open carry in the first place, and that i should just get a concealed carry.... of course i plan to but until then I'm left with open carry as my last option. He replied to this with just get a concealed carry otherwise "they have other ways of seeing that i don't", i was almost offended. He went on explaining the time he was in Portland on duty and Portland police pulled a gun on him. Anyway i just thought it was a little funny and wanted to share. Usually, when i go on walks with my wife, i open carry and get complements on it. He didn't have an answer for one of my questions: "do you know if there are boundary with school grounds? like a minimum distance when walking past one?" :banana::confused:

Why would you not reveal the guy's name who threatened you? Carrying an unloaded handgun in Portland is a crap shoot. On one hand you can theoretically carry a full magazine. On the other hand, Portland has a law making it illegal to have a magazine with rounds in it. That municipal code is not allowed under state law, but nobody has challenged it in court yet, making it a contentious issue that will end with a judge making a ruling.
 

FireFighterchen

Activist Member
Joined
Aug 10, 2011
Messages
30
Location
Pasco, WA
Hey guys,

sorry but this will be a long post. I recently was talking on another site about this very thing, and it got me into researching some more, and contacting OFF and their lawyers.

Red is my way of describing it in layman terms.

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. Allows cities to make ordinances that restrict loaded possession of firearms within their city limits.
(2) Ordinances adopted under subsection (1) of this section do not apply to or affect:
(c) A person licensed to carry a concealed handgun. Any license to carry a concealed handgun exempts the carrier from the ordinances, not just licenses defined in 166.290 and 166.291? No implied meaning here?


166.250 (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:
(a) Carries any firearm concealed upon the person;


166.250 (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section. So openly carried in a belt holster is not considered (166.250 (1)(a)) knowingly concealed.


166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect:
(h) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun. Specifically requires an OR concealed handgun license is needed to (166.250) conceal carry.


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;


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.

According to 166.360 and 166.370 I need a (166.290 and 166.291) OR concealed handgun license to carry in public buildings. Does this mean the firearm must be concealed in a public building? Or it can be open or concealed?

I asked them if the license in 166.173 could be any license because they did not write it had to be one defined by 166.291 and 166.292. These were their responses.

First email:

Well wel have lawyers, but I am pretty confident that the cannot answer the question, although I will forward it to them. The reason I don’t think they can answer it is because they would have to be guessing just like you or I would be.

The exact letter of the law says “a person licensed to carry a concealed handgun.” As you pointed out, it does not say licensed in Oregon. So it would be up to the courts. The courts would have to decide what the legislature intended. And you simply never know with the courts.

They might very well say, “Well in other places, the legislature specifically said 'A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun’. So when they DON’T say that they mean licensed anywhere” But I would not want to be the one to test that.

Kevin Starrett



Second email:

Follow up. Here is what I got from our lawyers.

> Kevin,
>
> I am just now working with a client with a Washington State CHL who was in Portland with a Concealed/Loaded firearm (2 misdemeanors). He thought about fighting this (on the arguments you presented), but with a mandatory minimum 30 days on the loaded firearms, we were able to work a ‘diversion like’ program for him. In looking into the statute (and the similarly worded Portland code 14A.60.010), I believe the DDA would argue that ‘license’ has to refer to only an Oregon license as Oregon has no reciprocity with any state. Therefore the State in crafting their statute could have only taken into account Oregon licenses as all other licenses are invalid here.
> Now we would argue a more rigid reading of the statute to its text alone, and that it should be interpreted broadly in favor of the defense, but I don’t know if too many in our judiciary branch would buy into our arguments on gun policies. Additionally, the legislatures are aware that there are different kinds of licenses and could have stated Oregon only but they did not do that, and their silence speaks to that argument.
> All that’s to say I think it’s an argument, but maybe not one that would be accepted, unless there is some legislative history to the contrary. Did you have any luck determining jurisdiction for the Coast Guard? I could not find much.
>
> Thank you,
>
> Shawn A. Kollie
> Attorney at Law


So... be careful.

Kevin Starrett

So, I guess who wants to be the guinea pig? My best bet is to open carry as usual and just avoid those cities...shouldn't be too hard except for Portland where my family goes out to eat often.

Special thanks to OFF, they did a great job at contacting me and getting me the information I asked. Great bunch of people there.

So basically there is no case law defining 166.173 license...so if you have a WA CPL, you can attempt to carry in those banned cities and be a guinea pig, but the outcome doesn't look favorable. Stay safe...
 

briehl12

Regular Member
Joined
Nov 30, 2011
Messages
112
Location
Auburn, wa
I was considering getting a CHL for Oregon out of state resident. I am confused by all the limitations placed on city level, as well as parks and stuff. From what I gathered, as long as I have a chl, I should be okie dokie to oc/cc loaded in any city??
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
I was considering getting a CHL for Oregon out of state resident. I am confused by all the limitations placed on city level, as well as parks and stuff. From what I gathered, as long as I have a chl, I should be okie dokie to oc/cc loaded in any city??

That is correct. An Oregon CHL exempts you from all local ordinances. See ORS 166.173. It both authorizes the cities and counties to make local ordinances and exempts CHL holders from all such ordinances.
 

mjcromp

Regular Member
Joined
Jun 27, 2013
Messages
58
Location
Bend, Oregon, United States
Bend

Bend,Oregon

5.55.005 Violations
Persons using public parks and other city property shall obey the following
rules and regulations:
(L) Except as authorized by State or Federal law, no person shall
possess a loaded firearm in a park.
http://bendoregon.gov/modules/showdocument.aspx?documentid=12935
Found on last page.

As far as I know in Bend the movie theaters, city buildings (Town hall...) and federal buildings are the only banned sites.
I OC about 25% of my time out of the house and have never been given any slack.
I work maintenance for a storage company and have to help customers occasionally and have gotten compliments on the "security"
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,221
Location
White City, Oregon, USA
Regal cinemas. Thanks should have specified. McMenamins is cool.

My point was that they are not BANNED (by law). Th private property owners have chosen to exclude those who carry. That is not a "Ban", nor does it have the weight of law. I.E. it is not illegal to carry in those establishments, it is only illegal not to leave if discovered and asked/told to leave.

Now, personally, I don't like giving my money to establishments seek to curtail my RIGHT to keep and bear arms through the exercise of their rights over their property. It is also probably rather rude. But their desire to keep a carrier out has no weight behind it no matter how large their signs might be or how well publicized their policies may be. ONLY through the use of the trespass statute do they have an weight of law and that would require them to spot the carrier. CC'd firearms, properly concealed, are not going to be spotted and so they have firearms on their premises, and most likely KNOW that. They just chose to make their policy and then do nothing to enforce it except against the errant OC'er.
 
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