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Comments in Mult Co. CHL Class

Discussion in 'Legal & Political Archive' started by Chromaflage, Mar 5, 2009.

  1. Chromaflage

    Chromaflage Oregon Member

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    During a CHL class, taught by a volunter Sgt, a couple statements were made that have been echoing in my head.

    1. He stated that an assistant DA once told him that although you may not be prosecuted criminally for a self-defense shoot, there is a 100% chance that a civil suit would be brought against the shooter. What are your thoughts on this comment?

    2. (a bit more complicated) He also stated that Indian reservations do not recognize an Oregon CHL and you must obtain permission from a tribal judge in order to carry concealed on an Indian reservation. So, I'm wondering if anyone has ever attempted to obtain permission from a tribal judge. I've looked at the Warm Springs rules, and they only specifically apply to "Indians" as stated in the rules. But here's a scenario. You have a concealed handgun and launch a driftboat just off Highway 26 at the ramp in Warm Springs. You are now carrying concealed in tribal land. Float away, your under BLM jurisdiction. Float under the bridge, on one side of the river, your in BLM jurisdiction, on the other side, you're on tribal land. While floating - still BLM. Looking for comments and thoughts on the implications here.

    Thanks!
     
  2. clearconscience

    clearconscience Vancouver, WA Well-Known Member

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    I would assume/hope this wouldn't apply to people passing through tribal lands.

    Either way, I don't think the tribal judge wants anyone other than Indians carrying guns, and probably doesn't want them to either.

    It doesn't spark my curiousity as well. I'm interested to hear what people think.
     
  3. Chromaflage

    Chromaflage Oregon Member

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    The Warm Springs Tribal code only addresses Indians:

    And that's all that's in the code on the subject.
     
  4. Gray Peterson

    Gray Peterson Lynnwood, Washington Member

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    1) FUD FUD FUD FUD FUD.


    2) This is not correct.

    http://en.wikipedia.org/wiki/Public_Law_280

    Oregon's Tribal Reservations have criminal and civil preemption by PL280. They don't have their own "tribal law". Warm Springs is the exemption to that rule, but that doesn't apply to non-Indians anyway.
     
  5. wichaka

    wichaka Wa State Well-Known Member

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    100% chance of a suit every time????

    That's so far fetched, its almost a lie.
     
  6. Rackir

    Rackir Gresham, or Member

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    I think it would be accurate to say there is a 100% chance that a civil suit CAN be brought against you, but not a 100% chance that one WILL be brought against you.

    Essentially saying that if a shoot is considerd justified without contention, there may be no criminal trial.
    However since civil suits don't rely on criminal charges theres is nothing in place to prevent a civil suit being brought up against in a justified shooting.
     
  7. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    A 100% percent chance is a definite maybe. People will sue Mcdonalds because their coffee is too hot.

    Wow those laws suck for Indians, I'm part Indian do I get partially convicted? a definite maybe.
     
  8. wichaka

    wichaka Wa State Well-Known Member

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    That sounds much better.....well put!

    There's many shootings that never go either way, its just we hear about the worst, thanks to the media.
     
  9. Wierzbowski

    Wierzbowski Sherwood Member

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    This month's newsletter from the Washington County Sheriff's Office repeats the bit about the Indian Reservation restriction. Link here: http://www.co.washington.or.us/cgi/sonews/letter.pl?searchstring=currentidx

     
  10. ZombieAssassin

    ZombieAssassin Oregon Member

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    Correction to misinformation:

    ORS 166
    166.370 Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school. (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.

    166.360 Definitions for ORS 166.360 to 166.380.
    (2) “Court facility” means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place.


    THEREFORE traffic court, municipal court, divorce court, etc. are NOT courts where you can't carry concealed. When in doubt, check the ORS and ask Oregon Firearms Federation.

    However, attorneys like to play word games, and some will define a courthouse as any place where court is held, thus covering any type of court.
     
  11. Gray Peterson

    Gray Peterson Lynnwood, Washington Member

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    The Municipal Court situation's being litigated. I'll ask Kevin about the details.