• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

On public school/university grounds without a permit?

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
I'm guessing there is case law that will clarify this, but I don't know it. Hopefully somebody does. ORS 166.360(4) states:

“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.

Obviously if I'm open carrying without a CHL I can't go into a school building. But can I go onto school grounds? The law is less than clear on the subject and the Oregon OC pamphlet throws colleges and universities in the "public buildings" section, which makes it sound like the grounds would be okay to OC upon. I'm not a student BTW.

Edit: Just noticed this part, "and the grounds adjacent to each such building". So it's a no-go then. Any case law defining what "grounds adjacent" means?
 
Last edited:

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
Okay, how about this...if I'm walking past city hall on a public sidewalk, is this considered to be on "the grounds adjacent to each such building"?
 

We-the-People

Regular Member
Joined
Aug 13, 2009
Messages
2,222
Location
White City, Oregon, USA
Without the CHL you're going to be up against federal law in regards to the schools. That requires 1000 feet from the school grounds (and of course there are some exceptions such as cops, licensed, private property, etc.)
Title 18, subsection 922.

As for the "public buildings" as defined in Oregon (ORS 166.360), it's kind of grey to me (without CHL) though the public sidewalk bordering a public building (not a school due to Title 18 ss 922 should not be an issue.
 

Cremator75

Regular Member
Joined
Aug 22, 2007
Messages
392
Location
Beaverton, Oregon, USA
Here is how Beaverton is supposed to deal with public buildings. Notice it says "in" buildings.


From: xxxxxxxxxx
Sent: Wednesday, March 14, 2007 8:11 AM
To: All BPD Staff
Subject: Training Bulletin #07-08 Possession of Firearms in Public
Buildings

Training Bulletin #07-08 Possession of Firearms in Public Buildings

Under ORS 166.370, it's usually a Class C felony for a person to possess
a firearm or other dangerous weapon in a public building, such as City
Hall.

There are the exceptions to the prohibition. For example, peace
officers and members of the military may carry a firearm or other
dangerous weapons into a public building while engaged in the
performance of their official duties.

Also, a sometimes overlooked exception relates to "a person licensed ...
to carry a concealed handgun." A person holding a valid concealed
handgun license may carry a firearm or other dangerous weapon in a
public building, just as if the person were a peace officer or member of
the military.

Regardless of whether the person is a police officer, member of the
military or a person licensed to carry a concealed handgun, the firearm
or other dangerous weapon does not need to be concealed. It can be
carried openly or it can be carried concealed.

When a person enters a public building with a firearm or other dangerous
weapon and the person does not appear to be either a peace officer or a
member of the military, a police officer may stop the person to ask if
they have a concealed handgun license.

The stop and talk can take place regardless of whether the person is
carrying the firearm or other dangerous weapon openly or concealed.
Possession of a firearm or other dangerous weapon in a public building
is usually prohibited, and police have authority to stop and talk to a
person who appears to be acting in violation of that prohibition.

If the person does not have the concealed handgun license in their
immediate possession, and the officer otherwise has probable cause to
believe the person is carrying a firearm or dangerous weapon in
violation of ORS 166.250, the person may be arrested.

But if the person has in his or her immediate possession a valid license
to carry a concealed handgun, then ORS 166.262 states that "a peace
officer may not arrest or charge a person for [carrying a firearm in a
public building]."

The above information was provided by the City Attorney's Office.
 

Historyman1942

Regular Member
Joined
Mar 10, 2011
Messages
55
Location
Salem, OR
Without the CHL you're going to be up against federal law in regards to the schools. That requires 1000 feet from the school grounds (and of course there are some exceptions such as cops, licensed, private property, etc.)
Title 18, subsection 922.

Remember schools only include those K-12 under the Federal Statue just to make that clear... however We-The-People I know you are aware of that, just thought I would clarify it for those who have not actually read the law.
 
Top