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August 16th, 2013, 02:39 PM #1
Oregon Supreme Court finds Portland law prohibiting loaded guns in public places c
A city of Portland ordinance that prohibits carrying loaded guns in public places does not violate a person's right to bear arms, the Oregon Supreme Court has ruled
oh boy our illustrious AG better not bring this crap here
http://www.oregonlive.com/portland/i...finds_por.html"I prefer dangerous freedom over peaceful slavery." Thomas Jefferson
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August 16th, 2013, 02:55 PM #2
Re: Oregon Supreme Court finds Portland law prohibiting loaded guns in public places
Lol. Elections matter especially now where all that matters is ideology.
Constitution means jackIts easier to fool people than to convince them they've been fooled....Mark Twain
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August 16th, 2013, 03:08 PM #3
Re: Oregon Supreme Court finds Portland law prohibiting loaded guns in public places
No much different from our 18 Pa CS 6108 regarding carry in Philadelphia and our 6106 section. The Portland ordinance exempts the normal professions (LEOs) and activities (target shooting, hunting, etc) as well as CCW licensees.
http://www.publications.ojd.state.or...cs/S060407.pdf
15 A. Construction of the Portland Ordinance
16 Our threshold task is to interpret the meaning and reach of the contested
17 ordinance. As noted, PCC 14A.60.010(A) provides:
18 "It is unlawful for any person to knowingly possess or carry a
19 firearm, in or upon a public place, including while in a vehicle in a public
20 place, recklessly having failed to remove all the ammunition from the
21 firearm."
22 The ordinance sets out 14 exceptions to the prohibition, including an exception for
23 persons who are licensed by the State of Oregon to carry a concealed weapon. Other exceptions include police officers and members of the military in the performance of
2 their official duties, licensed hunters while engaging in hunting activities or traveling for
that purpose, and persons traveling to and from established target ranges.5
3
5
The exceptions, which also constitute affirmative defenses to a violation of
the ordinance, are as follows:
"1. A police officer or other duly appointed peace officers, whether
active or honorably retired.
"2. A member of the military in the performance of official duty.
"3. A person licensed to carry a concealed handgun.
"4. A person authorized to possess a loaded firearm while in or on a
public building under ORS 166.370.
"5. A government employee authorized or required by his or her
employment or office to carry firearms.
"6. A person summoned by a police officer to assist in making
arrests or preserving the peace, while such person is actually engaged in
assisting the officer.
"7. A merchant who possesses or is engaged in lawfully transporting
unloaded firearms as merchandise.
"8. Organizations which are by law authorized to purchase or
receive weapons from the United States or from this state.
"9. Duly authorized military or civil organizations while parading,
or their members when going to and from the places of meeting of their
organization.
"10. A corrections officer while transporting or accompanying an
individual convicted of or arrested for an offense and confined in a place of
incarceration or detention while outside the confines of the place of
incarceration or detention.
"11. Persons travelling to and from an established target range,whether public or private, for the purpose of practicing shooting targets at
the target ranges.
"12. Licensed hunters or fishermen while engaged in hunting or
fishing, or while going to or returning from a hunting or fishing expedition.
"13. A person authorized by permit of the Chief of Police to possess
a loaded firearm, clip, or magazine in a public place in the City of Portland.
"14. A security guard employed at a financial institution insured by
the Federal Deposit Insurance Corporation while the security guard is on
duty."
PCC 14A.60.010(C).IANAL
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August 16th, 2013, 04:27 PM #4
Re: Oregon Supreme Court finds Portland law prohibiting loaded guns in public places
Was that local law specifically allowed by state law? Did OR have a grandfather clause in the their preemption?
Naming an entire city by state law violates Amendment 14 Section 1. But a grandfathered local law wouldn't violate it..RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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