|
|
 |
 12.14.08
|
OREGON
APPEALS COURT DEALS MAJOR BLOW TO GUN RIGHTS IN OREGON
An Oregon Appeals Court decision
has found that your car is now considered a "public place."
That means that possessing a loaded firearm in a vehicle may
be considered a crime if the locality in which you are traveling
has a ban on open loaded carry.
This ruling is bizarre in light of how Oregon law defines "public
place." ORS 161.015 defines public place this way:
(10) “Public place” means a place to which
the general public has access and includes, but is not limited
to, hallways, lobbies and other parts of apartment houses and
hotels not constituting rooms or apartments designed for actual
residence, and highways, streets, schools, places of amusement,
parks, playgrounds and premises used in connection with public
passenger transportation.
The case, Bryan Ward VS State of Oregon, dealt with
an arrest, by a Portland Police officer, of a person who had
an unconcealed handgun in his car.
It has always been our position that open carry in a vehicle
was clearly protected by Oregon law. ORS 166.250 clearly states
that except for CHL holders, it is concealed carry
in a vehicle that is prohibited. It further states that the
prohibition against concealed, loaded carry in a vehicle does
not apply to"a recreational vessel or recreational vehicle
while used, for whatever period of time, as residential quarters."
The Appeals Court decision turns on its head Oregon's preemption
statute which allows only the state legislature to regulate
possession of firearms, except for loaded carry in public places.
If your car is now considered a "public place" will
a law enforcement officer need a warrant to search it?
The Court concludes "When read together, ORS 166.173
and 161.015(1) clearly allow local governments to regulate the
possession of loaded firearms on their streets and highways."
But ORS 166.173 states"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." and 161.015,
as noted above, clearly defines a "public place" as
a place to which the general public has access. " It is
not ambiguous in any way.
The Court also reaches conclusions that seem to have no bearing
on this case at all. In their decision, they state the following
:
"Moreover, ORS 166.173(2)(c)--which exempts persons
licensed to carry concealed weapons from local loaded firearms
regulations--demonstrates that the legislature anticipated situations
in which persons may possess concealed, loaded firearms in a
public place. The legislature chose to exempt such persons from
local regulations based on their possession of a certain type
of permit, despite the fact that a concealed firearm, although
otherwise in a "public place," is not kept in a place
to which the "general public has access."
But this case is not about concealed handguns. CHL
holders are exempt from many restrictions that non-license holders
are subject to, and the legislature made very specific rules
about vehicles and firearms possession which clearly allow open
carry without a license while in a car. If a car is a "public
place" then why even have laws specifically dealing with
possession in a vehicle when the limits on carrying in "public
places" would apply to cars anyway?
Oregon's preemption law was created specifically to prevent
a person from inadvertently breaking the law as he moved around
the state. This ruling is a major setback for gun rights in
Oregon and puts many people at risk simply by crossing into
a town or city that has onerous and unposted rules. OFF is considering
what further legal action can be taken, and in the meantime
warns gun owners to be very careful when traveling in Oregon.
|
|
 |
Copyright
© 2000 - 2010, Oregon Firearms Federation. All Rights Reserved.
|
|
|
