Oregon Supreme Court upholds a ban on "loaded weapons in public places" in the city o


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Oregon Supreme Court upholds a ban on "loaded weapons in public places" in the city o

My question is, does this law apply to people with concealed carry permits? Did the man at the center of this case have one? Does the concealed carry law in Oregon have preemption?

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Preemption doesn't apply to CHL holders :cool:

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.
(e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3]
 
My question is, does this law apply to people with concealed carry permits? Did the man at the center of this case have one? Does the concealed carry law in Oregon have preemption?

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http://handgunlaw.us/states/oregon.pdf However, localities are allowed to regulate loaded firearms in "public places" which now includes your car. This only applies to people without CHL’s.
So you need to check local regulations. In Portland, for example, you may not have a loaded gun anywhere in your car and you may not even have loaded magazines separate from the handgun. It must still, however, be either visible or "not readily accessible." ...........................
(1) [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]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. [/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman][/FONT][/FONT]
(2) [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Ordinances adopted under subsection (1) of this section do not apply to or affect: [/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman][/FONT][/FONT]
(a) [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]A law enforcement officer in the performance of official duty. [/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman][/FONT][/FONT]
(b) [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]A member of the military in the performance of official duty. [/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman][/FONT][/FONT]
(c) [FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]A person licensed to carry a concealed handgun. [/FONT][/FONT]
 
Re:Oregon state SC ruling

My question is, does this law apply to people with concealed carry permits? Did the man at the center of this case have one? Does the concealed carry law in Oregon have preemption?

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The Portland ordinance the man at the center of this ruling, to my knowledge did not at the time have a CHL. Recently, Multnomah county, where Portland rests passed a ban on weapons modeled after the Portland ordinance. Friends of mine filed a class action lawsuit against the ban and it was decided that cities in the county may exclude themselves from the ban. The ordinance does exclude CHL holders and is stated by preemption in Oregon statute. But Oregon has been an open carry state who's open carry has not required a CHL when you are not within a town or city that does have an ordinance requiring a CHL to carry. This now sets the precedent to throw out the open carry w/out a license, now requiring a license to legally open carry. All this is, is a slow process to end all carry in Oregon and you can bet your ass that we are and will be ready to fight.

2Aactual, Oregon
 
The Portland ordinance the man at the center of this ruling, to my knowledge did not at the time have a CHL. Recently, Multnomah county, where Portland rests passed a ban on weapons modeled after the Portland ordinance. Friends of mine filed a class action lawsuit against the ban and it was decided that cities in the county may exclude themselves from the ban. The ordinance does exclude CHL holders and is stated by preemption in Oregon statute. But Oregon has been an open carry state who's open carry has not required a CHL when you are not within a town or city that does have an ordinance requiring a CHL to carry. This now sets the precedent to throw out the open carry w/out a license, now requiring a license to legally open carry. All this is, is a slow process to end all carry in Oregon and you can bet your ass that we are and will be ready to fight.

2Aactual, Oregon

Please refer to oregonlaws.org, chapter 166
 

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