Loaded Firearm Carry Ban Cities

[We-the-People]

I am currently in the process of reviewing EACH AND EVERY city in the state of Oregon for ANY firearms regulations that are "problematic" (i.e. violate state preemption and/or affect those who carry).

So far, the list of cities is MUCH LARGER than has previously been identified.

There are a LOT of additional, previously unidentified, cities with park bans. These "park rules" bans sometimes have no exception for CHL holders or attempt to completely ban firearms whether loaded or not.

There are also quite a few cities with "emergency powers" regulations saying that the Mayor or some other official can regulate the possession or carry of firearms. These are clearly in violation of state preemption and could be problematic should they ever try to enforce such regulations.

Less troublesome, but still something that should be addressed, are the MANY cities with firearms discharge bans which do not contain an exemption for lawful self defense as required by state law.

And finally, some cities have regulations that attempt to regulate gunpowder (usually black powder) possession, storage, transportation, etc. with no mention of any exception for powder used for firearms. This is a clear violation of ORS 166.170 and black powder and gunpowder certainly fall within ORS 166.170's "any element relating to firearms and components thereof" preemption.

Anyway, when I finish this project I will be looking for local people in the offending cities who can take the issues to their local councils. I suspect in many cases that these are remnants of old ordinances or that they were written without considering the legal issues of firearms preemption. I also suspect that this effort may need to be looked at with an eye to whether we should remain silent on a particular issue in a particular city rather than risk poking the rattlesnake (i.e. unfriendly cities with minimal issues might best just be left alone until/unless it becomes an issue).

I'll keep you posted.

The areas I am checking for each city are:

Emergency powers regulations (if any)
Park rules
Offenses
Nuisances
Explosives​

There are some cities which I have not been able to find any information on. For the most part they are very small and likely have no local ordinances. Were you aware that we have incorporated cities of under 50 population?

 

[bigtoe416]

This sounds awesome.

 

[We-the-People]

This sounds awesome.

Thanks. It's a work in progress and will take some time as I'm still in college and also moving from a house on 40 acres (with all the accumulation that allows) to 1/2 acre on the border (but not in) the city. It's getting more difficult as I go along too. Mostly because the "easy ones" have already been done and I'm left looking for the hard stuff.

I'll probably post a list of cities for which I couldn't get any info, and expect that there should be some, here on OCDO to see if any locals can make some face to face inquiries.

 

[DaveT319]

I am currently in the process of reviewing EACH AND EVERY city in the state of Oregon for ANY firearms regulations that are "problematic" (i.e. violate state preemption and/or affect those who carry).

How's this going?

 

[DaveT319]

Can someone update the link for the Portlandia code? Not working.

Correct one:
http://www.portlandonline.com/auditor/index.cfm?c=28514&a=332592

 

[We-the-People]

How's this going?

Cities are researched but not yet organized and ready for release. I'm in my final quarter of college and the Capstone course is whipping my research time to death. Five more weeks and that will be over with and I'll be able to finish up the cities section.

Next up: COUNTIES. Surprisingly, and previously unknown to me, there are far more firearms carry restrictions at the county level than I thought. For instance, Jackson County has a "greenway" ordinance that prohibits firearms carry and many county organizations (parks, greenways, and recreational facilities) have preempted rules and ordinances.

 

[We-the-People]

Can someone update the link for the Portlandia code? Not working.

Correct one:
http://www.portlandonline.com/auditor/index.cfm?c=28514&a=332592

The one I have, for the main muni code page, is this:
http://www.portlandonline.com/auditor/index.cfm?c=28148&

 

[We-the-People]

I will attempt to attach a color coded list of ALL Oregon cities as well as a listing of only the problematic cities that have been discovered. There is more formatting to be done before the entire document can be released. It will have links to city websites and their municipal codes as well as excerpts of their offensive ordinances......and cover far more than just carry bans.

Exceeding emergency powers (a number of cities believe the Mayor can declare an emergency and that when he does the city can prohibit firearms....this is NOT Oregon law).

A good number of cities have a discharge ban (which is within their authority) but do not provide an exemption for self defense (which they must do per the ORS).

Parks bans, outright bans in parks, and a number of other issues have been identified.

As I said, this is just the tip....the rest will be along soon as I am now done with school until at least December.

View attachment CityList_and_ProblemCities-ONLY.pdf

 

[bigtoe416]

This is awesome. I'm quite surprised at the number of cities with some sort of carry ban. I'm especially surprised at the number of unlawful ordinances.

 

[We-the-People]

This is awesome. I'm quite surprised at the number of cities with some sort of carry ban. I'm especially surprised at the number of unlawful ordinances.

I was blown away by the number of unlawful ordinances. Particularly the "Emergency Powers" ordinances that are so out of synch with state law that it's laughable.

State law states that ONLY the governor can declare an emergency (or in his absence certain elected state officers) and that ANY city attempt to get an emergency declared must go through the county, to the state. Yet there are quite a few cities with emergency powers ordinances that say the council can declare one AND that one of their authorities is to prohibit the carrying of firearms.

Yet state law is very specific and specifically addresses firearms. NO GOVERNMENT ENTITY....federal, state, or local, may seize firearms that are otherwise lawfully carried during a declared emergency.


401.198 Seizure of firearms during emergency.
(1) As used in this section, “unit of government” means any department or agency of the federal government and any public body as defined by ORS 174.109.
(2) Notwithstanding ORS 401.165 to 401.236, a unit of government may not seize a firearm from an individual who lawfully possesses the firearm during a state of emergency declared under ORS 401.165.
(3) If a unit of government seizes a firearm from an individual during a state of emergency in violation of this section, the individual may recover from the unit of government that seized the firearm all costs incurred in the recovery of the firearm, including attorney fees, court costs and any other costs incurred in the recovery of the firearm. [Formerly 401.039]


I have just graduated from college (I walk on Saturday with Magna Cum Laude honors) and plan to take the summer off.......guess what I'll be doing? Visiting these cities with unlawful ordinances......with video running.

 

[We-the-People]

Oh yeah, the full document is much more detailed. 84 pages covering EVERY CITY in Oregon......though there are a good number of them for which I could not find any online material.

 

[DaveT319]

I'm VERY eager to see the full document. Sounds like it'll be some very interesting reading.

 

[We-the-People]

I'm VERY eager to see the full document. Sounds like it'll be some very interesting reading.

Well the rest of the document is simply an entry for each city, a brief line under the heading for the type(s) of firearms regulations, and copied sections of the local ordinances with a few notes. Rather dry reading but a handy reference for both travel and targeted activism.

Want to go do some open carry activism? Look for nearby cities with silly "park bans" or whatever, and go have some fun.

 

[DaveT319]

So park bans are unenforceable?

 

[We-the-People]

So park bans are unenforceable?

No, TOTAL bans are unenforceable. Cities and counties do have the authority under 166.173 to ban loaded carry by those without CHL's. They can't ban carry of unloaded weapons by those without CHL's nor loaded carry by those with CHL's.

 

[DaveT319]

No, TOTAL bans are unenforceable. Cities and counties do have the authority under 166.173 to ban loaded carry by those without CHL's. They can't ban carry of unloaded weapons by those without CHL's nor loaded carry by those with CHL's.

Ah, I see.

Now, on the list you provided, where it says "w/ no CHL exception", you just mean that it's not in their code. But the CHL exception is state mandated, is it not? So even if they don't note one, it still exists, correct?

 

[bigtoe416]

Ah, I see.

Now, on the list you provided, where it says "w/ no CHL exception", you just mean that it's not in their code. But the CHL exception is state mandated, is it not? So even if they don't note one, it still exists, correct?

That's correct. Cities and counties cannot prevent a CHL holder from carrying a firearm in public areas aside from the state mandated places (i.e. courthouses, secure portions of airports, post offices, etc).

 

[We-the-People]

That's correct. Cities and counties cannot prevent a CHL holder from carrying a firearm in public areas aside from the state mandated places (i.e. courthouses, secure portions of airports, post offices, etc).

^^^^^^ that's the LAW. It is noted in the document because while it is legal, you never know what some local cop may try to pull. You WILL beat the charges but you may or may not avoid the ride in some jurisdictions. It would be foolish on their part but you just never know.

 

[Pittsmaster]

Sign me up!

...guess what I'll be doing? Visiting these cities with unlawful ordinances......with video running.

I'm in Oregon City. Let me know when you plan to come this way..if you havent already. I'd be more than happy to accompany you while we OC. Let me know.

Also...does anyone else see the irony in that OC is banned in the city of OC. haha

 

[markm]

This is awesome. I'm quite surprised at the number of cities with some sort of carry ban. I'm especially surprised at the number of unlawful ordinances.

Hey bigtoe416,

You are correct. The work by "We the People" is excellent. I am making a trip through Oregon in one week. This info is helpful.

markm