- Messages
- 145
- Reactions
- 49
My interpretation of ORS 166.370(3) is that persons authorized by sub-sections a. (LEOs), b. (assisting police), c. (active military or reserve), d. (CWL holders), e. (by agency in charge of building) & f (employee of Dept of Ag) are allowed to carry a firearm on school grounds.
My interpretation of ORS 166.370(5) is that even if you have a CWL, you are not allowed to discharge your firearm on school grounds, even in self-defense or in the defense of a third person. If you do, you can be convicted of a Class C felony. This is because a person with a CWL is not listed as one of the authorized reasons within 166.370(5)(b)
I propose that ORS 166.370 be amended.
Description; not to be included within the ORS.
Amends the Section of ORS 166.370 relating to those individuals allowed to discharge a weapon on school grounds to directly coincide with the individuals currently authorized by ORS 166.370 to carry a weapon on school grounds. Institutes an affirmative defense exemption for persons allowed to discharge a weapon on school grounds. Institutes the levels of responsibility that an individual will be held to with regards to the discharge of a weapon on school grounds. Stipulates that the actions that a person takes, in the course of self-defense or to defend a third person(s), against another person or persons who are in the act or believed to be in the act of illegally using or about to use unlawful deadly physical force against a person are justified.
Amendments or additions to be made to ORS 166.370.
5(b)(D) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun;
5(b)(E) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building;
5(b)(F) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.
(6) The exceptions listed in subsection (5)(b) of this section constitute affirmative defenses to a charge of violating subsection (5)(a) of this section except when the act can be found to be careless or reckless and causes the injury or death of more persons than are believed to be threatened by unlawful deadly force, not to include the injury or death of a person or persons who are performing or thought to be performing acts as described in ORS 161.219(3).
My interpretation of ORS 166.370(5) is that even if you have a CWL, you are not allowed to discharge your firearm on school grounds, even in self-defense or in the defense of a third person. If you do, you can be convicted of a Class C felony. This is because a person with a CWL is not listed as one of the authorized reasons within 166.370(5)(b)
I propose that ORS 166.370 be amended.
Description; not to be included within the ORS.
Amends the Section of ORS 166.370 relating to those individuals allowed to discharge a weapon on school grounds to directly coincide with the individuals currently authorized by ORS 166.370 to carry a weapon on school grounds. Institutes an affirmative defense exemption for persons allowed to discharge a weapon on school grounds. Institutes the levels of responsibility that an individual will be held to with regards to the discharge of a weapon on school grounds. Stipulates that the actions that a person takes, in the course of self-defense or to defend a third person(s), against another person or persons who are in the act or believed to be in the act of illegally using or about to use unlawful deadly physical force against a person are justified.
Amendments or additions to be made to ORS 166.370.
5(b)(D) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun;
5(b)(E) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building;
5(b)(F) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.
(6) The exceptions listed in subsection (5)(b) of this section constitute affirmative defenses to a charge of violating subsection (5)(a) of this section except when the act can be found to be careless or reckless and causes the injury or death of more persons than are believed to be threatened by unlawful deadly force, not to include the injury or death of a person or persons who are performing or thought to be performing acts as described in ORS 161.219(3).