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Thread: The one time I go into Safeway unarmed...

  1. #21
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    Default Menacing

    Quote Originally Posted by pokerace View Post
    Oregon does not have a statue dealing with "barndishing".By this we mean that there is no law that makes it illegal to show,or allow it to be seen.However,it is a crime in Oregon to point a firearm at another person.
    It is actually called menacing in oregon.

    Tim

  2. #22
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    Quote Originally Posted by coloneltim View Post
    It is actually called menacing in oregon.

    Tim
    I don't see any menacing in ORS as related to firearms.

    http://www.leg.state.or.us/ors/163.html

    163.190 Menacing. (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

    (2) Menacing is a Class A misdemeanor. [1971 c.743 §95]
    Except if a firearm is used in a 'drive-by' shooting

    163.707 Forfeiture of motor vehicle used in drive-by shooting. (1) A motor vehicle used by the owner in a drive-by shooting is subject to civil in rem forfeiture.

    (2) Seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A.

    (3) As used in this section, “drive-by shooting” means discharge of a firearm from a motor vehicle while committing or attempting to commit:

    (a) Aggravated murder under ORS 163.095;

    (b) Murder under ORS 163.115;

    (c) Manslaughter in any degree under ORS 163.118 or 163.125;

    (d) Assault in any degree under ORS 163.160, 163.165, 163.175 or 163.185;

    (e) Menacing under ORS 163.190;

    (f) Recklessly endangering another person under ORS 163.195;

    (g) Assaulting a public safety officer under ORS 163.208; or

    (h) Intimidation in any degree under ORS 166.155 or 166.165. [1999 c.870 §1; 2009 c.78 §57]

  3. #23
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    Quote Originally Posted by gogoDawgs View Post
    I don't see any menacing in ORS as related to firearms.

    163.190 Menacing. (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.
    So, you don't see how pointing a gun at someone else would fulfill the elements of that crime?

    Granted, it requires actual intent rather than the Washington statute's nebulous "at a time or place that manifests an intent to intimidate another or that warrants alarm for the safety of other persons."

  4. #24
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    Quote Originally Posted by ZachS View Post
    So, you don't see how pointing a gun at someone else would fulfill the elements of that crime?

    Granted, it requires actual intent rather than the Washington statute's nebulous "at a time or place that manifests an intent to intimidate another or that warrants alarm for the safety of other persons."
    No. If I point a gun at someone in self defense it does not fulfill the elements of a crime.

    This statute is not a firearms specific law.

  5. #25
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    [QUOTE][/QUSo, you don't see how pointing a gun at someone else would fulfill the elements of that crime?OTE]

    Go back and read the orig post I made.

    Originally Posted by pokerace
    Oregon does not have a statue dealing with "barndishing".By this we mean that there is no law that makes it illegal to show,or allow it to be seen.However,it is a crime in Oregon to point a firearm at another person

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