Thread: Open Carry Near Schools

Originally Posted by unionguy

I'd look at the first part of your post...you know its a bad idea in your gut, so why do it? Unless you have some reason to, in terms of protection...it sounds like a very bad idea. I have two boys in school and if I saw a guy across the street with a gun on his hip...it would definitely raise my blood pressure until I figured out what he was doing.

I'd recommend thinking long and hard about it before you do it.

MarkAd how did so many go from the guy living across the street to hime wanking around open carrying on school grounds?

If I saw a guy open carrying across the street if he is a good guy I would be very happy to have him look out for my kids.

Now I see posts like this on here all the time and I just don't get it.
Just because the guy had the right and passed all the requirements,to buy a gun,doesn't make him safe with one.
People on here seem to think they are "safer" when there are others carrying guns.
Maybe yes,maybe no
I see someone open carrying and I go away.I want to know someone before I hang out with them around guns.

just carry concealed and dont worry about it open carry as far as im concered is a dumb idea unless your out hunting fishing walking in the woods . but if you really like talking to the cops about why your doing it go for it . as for people saying you should not carry in a school i think thats were you should carry . 2 places i would never not carry is a school and a church

I don't think open carry anywhere is a good idea. It may (or may not) be legal but it just gives the "anti's" more ammunition to take what rights we still have away.

Yeah, it really went bad for Arizona when a black guy walked around with an AR strapped to his back. Now you don't need a permit at all to carry a weapon..... open or concealed in Arizona.

I don't know Oregon law but I do know federal law on carrying near schools

Title 18 U.S.C. §922(q) School Zones

In essence, Title 18 U.S.C Part 1 Chapter 44 Section 922(q) known as the Federal Gun Free School Zones Act of 1995 currently on the books, effectively bans all concealed carry reciprocity agreements between States, by making it illegal for any person to have a functional firearm within 1000 Feet of the property line of any Elementary or High School in our country, with very few exceptions.

Title 18 Part 1 Chapter 44 Section 922 (unlawful acts) 18 U.S.C. § 922 : US Code - Section 922: Unlawful acts

BATFE Opinion (2002) on Reciprocity: http://www.handgunlaw.us/documents/batf_school_zone.pdf

The original version of this law, passed in 1990, was struck down by the US Supreme Court in "United States v Lopez (1995)," because Congress had not claimed a connection to "interstate commerce," however the second version, the one which is currently on the books, was upheld as recently as 2005 by the United States Court of Appeals for the Ninth Circuit in the case United States v Dorsey.

Exempitions:

(1) if the firearm is unloaded and in a locked container.

(2) the firearm is "on private property not part of school grounds." Remember, the roads/highways/sidewalks are not private property, so this exception does not apply while driving on public streets.

(3) if the person possessing the firearm has a concealed carry permit issued by the State in which the school zone is located. This means that as the law is written, and as it has been interpreted by BATFE, if a person with a concealed carry permit is in any State other than the State that physically issued their permit, and they drive within 1000 feet of any K-12 school (which is impossible to avoid) with an unlocked gun, they are committing a federal crime. Violation of this law is punishable by up to five (5) years in federal prison and a conviction will bar a person from owning firearms for life

So as long as you have the valid CHL/CCW it's legal from what I understand to open carry around schools (private schools being different). There are so many things to think about in this situation...... the laws, keeping your weapon secure, what will you do when/if things go wrong, dealing with police. When you open carry, you run the risk of someone being able to use that weapon against you and others if you don't know what your doing. Police in most cases will contact you and again in most cases will try to act like they are above the law and try to intimidate you, and this is where you keep your mouth shut when it comes to cops... DON'T TALK TO POLICE. In most cases when the public sees a person open carrying a firearm, you are automatically the effing A-hole.

A few months back I open carried in Beaverton and police showed up and they began to mess with me, and one officer threatened to call the county and get my license revoked. I made the mistake of talking to the police knowing darn well I shouldn't. The cops also said that I was close to some schools. I was 1 mile away from Beaverton High School and probably 3 blocks or so away from another school. I was never on the school property yet the cops tried to make it sound like I was doing something bad. I could have been across the street from the schools and I still wouldn't be braking any laws. I COULD BE ON SCHOOL PROPERTY WITH MY GUN and it's legal. My point is that you will deal with some dumb people so be prepared to deal with them when you OC. Oh yeah and the county called me and wanted to talk to me because that moron Beaverton police officer felt that he needed to pull one over me and contacted the county. I was nice to the county commander and told him that I respectfully decline making any comments. They (washington Co.) had already told me I was not in any trouble, so why would I go in and talk to them and get myself in any trouble? you will always say something that can be used against you so thank you but no thanks, I'll remain silent

soccer mom drives by as you open carry across the street from a school and your whole neighborhood is going to be locked down while police hunt for the nut that is going to shoot up the school.

Originally Posted by torpedoman

soccer mom drives by as you open carry across the street from a school and your whole neighborhood is going to be locked down while police hunt for the nut that is going to shoot up the school.

No doubt. Most people have no clue that open carry is legal and would freak out seeing something like that. My kids' school has been locked down a couple times just because somebody suspicious walked too close to the school or some nonsense like that.

Originally Posted by torpedoman

soccer mom drives by as you open carry across the street from a school and your whole neighborhood is going to be locked down while police hunt for the nut that is going to shoot up the school.

Ha ha,Up here the soccer mom has one of those in her mini van.

Originally Posted by m1gunr

Yeah, it really went bad for Arizona when a black guy walked around with an AR strapped to his back. Now you don't need a permit at all to carry a weapon..... open or concealed in Arizona.

I don't know Oregon law but I do know federal law on carrying near schools

Title 18 U.S.C. §922(q) School Zones

In essence, Title 18 U.S.C Part 1 Chapter 44 Section 922(q) known as the Federal Gun Free School Zones Act of 1995 currently on the books, effectively bans all concealed carry reciprocity agreements between States, by making it illegal for any person to have a functional firearm within 1000 Feet of the property line of any Elementary or High School in our country, with very few exceptions.

Title 18 Part 1 Chapter 44 Section 922 (unlawful acts) 18 U.S.C. § 922 : US Code - Section 922: Unlawful acts

BATFE Opinion (2002) on Reciprocity: http://www.handgunlaw.us/documents/batf_school_zone.pdf

The original version of this law, passed in 1990, was struck down by the US Supreme Court in "United States v Lopez (1995)," because Congress had not claimed a connection to "interstate commerce," however the second version, the one which is currently on the books, was upheld as recently as 2005 by the United States Court of Appeals for the Ninth Circuit in the case United States v Dorsey.

Exempitions:

(1) if the firearm is unloaded and in a locked container.

(2) the firearm is "on private property not part of school grounds." Remember, the roads/highways/sidewalks are not private property, so this exception does not apply while driving on public streets.

(3) if the person possessing the firearm has a concealed carry permit issued by the State in which the school zone is located. This means that as the law is written, and as it has been interpreted by BATFE, if a person with a concealed carry permit is in any State other than the State that physically issued their permit, and they drive within 1000 feet of any K-12 school (which is impossible to avoid) with an unlocked gun, they are committing a federal crime. Violation of this law is punishable by up to five (5) years in federal prison and a conviction will bar a person from owning firearms for life

My sons hunters education class was held in a middle school classroom. So there must be something in there that allows it.

Yes,in washington there are exceptions for classes and demonstrations

(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

(3) Subsection (1) of this section does not apply to:

(a) Any student or employee of a private military academy when on the property of the academy;

(b) Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;

(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;

(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or

(h) Any law enforcement officer of the federal, state, or local government agency.

Yes,in washington there are exceptions for classes and demonstrations

Would have been more helpful to actually post the RCW along with the info you posted.... (RCW 9.41.280)

Also as this thread was about a Oregon resident asking about Oregon schools I left out anything pertaining to Washington law.

Originally Posted by sigman

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My sons hunters education class was held in a middle school classroom. So there must be something in there that allows it.

<<<<That is why I put a code from washington.>>>>

And I am sooo sorry I forgot the RCW,golly forgive me
But you found it yea!!

Sometimes people from both states want the same question answered ( please read in you aunt's most condescending voice )

And since someone from Washington asked I answered the best I could. Especially beings he was asking for his SON'S class

Lighten up a little.I try to remember to post the RCWs that I am referring to
And I better NEVER find you not posting them,young man

Originally Posted by deen_ad

(and I'll probably get "hammered" for this), I don't think open carry anywhere is a good idea. It may (or may not) be legal but it just gives the "anti's" more ammunition to take what rights we still have away.

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I semi agree with that statement but I would not open carry near a school period. Who knows what would happen.

Lighten up a little.I try to remember to post the RCWs that I am referring to
And I better NEVER find you not posting them,young man

Sir yes Sir !
it was one of those days and I took it out on the wrong folks... I apologize.

Beaverton has a city code provision which makes it a crime to carry a loaded gun. If you are carrying a loaded firearm openly on your belt, it is reasonable for the police to believe it is loaded, and therefore reasonable to suspect that you are committing a crime. Your CCW is a defense to that law. So the police have every right to stop you and verify you have a valid defense to the law they suspect you are violating... really isn't rocket science. If you are somewhere in Oregon that doesn't have a local ordinance, open carry is legal, no reason to stop you. In Beaverton, Portland, Gresham, etc., you can be legally stopped and have to present your permit if you are going to open carry. Same with being on school property in violation of Title 18 U.S.C. &#167;922 school zone... once they verify your permit is valid, you are free to go because there isn't any reason to detain you.

Originally Posted by biggie24420

So as long as you have the valid CHL/CCW it's legal from what I understand to open carry around schools (private schools being different). There are so many things to think about in this situation...... the laws, keeping your weapon secure, what will you do when/if things go wrong, dealing with police. When you open carry, you run the risk of someone being able to use that weapon against you and others if you don't know what your doing. Police in most cases will contact you and again in most cases will try to act like they are above the law and try to intimidate you, and this is where you keep your mouth shut when it comes to cops... DON'T TALK TO POLICE. In most cases when the public sees a person open carrying a firearm, you are automatically the effing A-hole.

A few months back I open carried in Beaverton and police showed up and they began to mess with me, and one officer threatened to call the county and get my license revoked. I made the mistake of talking to the police knowing darn well I shouldn't. The cops also said that I was close to some schools. I was 1 mile away from Beaverton High School and probably 3 blocks or so away from another school. I was never on the school property yet the cops tried to make it sound like I was doing something bad. I could have been across the street from the schools and I still wouldn't be braking any laws. I COULD BE ON SCHOOL PROPERTY WITH MY GUN and it's legal. My point is that you will deal with some dumb people so be prepared to deal with them when you OC. Oh yeah and the county called me and wanted to talk to me because that moron Beaverton police officer felt that he needed to pull one over me and contacted the county. I was nice to the county commander and told him that I respectfully decline making any comments. They (washington Co.) had already told me I was not in any trouble, so why would I go in and talk to them and get myself in any trouble? you will always say something that can be used against you so thank you but no thanks, I'll remain silent

Yes oregonlaw76, I understand what your saying....... my problem is when the police go above and beyond to flex their muscle and try to intimidate you..... certain things I can understand if I look at things from the officer's point of view...... but as a legal owner with a license all they need to do is check me out and say OK HAVE A NICE DAY MR. *****. When they take it upon themselves to treat me like a criminal, that's when I have a problem with it.

I must have misunderstood your post. I thought you were commenting on the legality of their actions, but it sounds like you are commenting on their professionalism during the course of the stop. My apologies, I will have to find and read your original post.

Originally Posted by biggie24420

Yes oregonlaw76, I understand what your saying....... my problem is when the police go above and beyond to flex their muscle and try to intimidate you..... certain things I can understand if I look at things from the officer's point of view...... but as a legal owner with a license all they need to do is check me out and say OK HAVE A NICE DAY MR. *****. When they take it upon themselves to treat me like a criminal, that's when I have a problem with it.

Oh is this Biggie that makes a thread "Me AGAINST the Beaverton Police " ??

The "against" kinda gives it away you probably did something to bring on any bad reaction the police may have had

Originally Posted by mjbskwim

Oh is this Biggie that makes a thread "Me AGAINST the Beaverton Police " ??

The "against" kinda gives it away you probably did something to bring on any bad reaction the police may have had

You know what they say when you assume right? keep it up bud.