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It exempts CHL holders from breaking the handgun portion of the 166.250s ban on concealed carry. It does not exempt CHL holders from breaking all the other possession or concealed carry bans that 166.250 illustrates, just the handgun concealed and in the car portion.@RX-79G
Does ORS 166.260 specifically exempt one from breaking ORS 166.250?
Please cite what law is broken, and how.It exempts CHL holders from breaking the handgun portion of the 166.250s ban on concealed carry. It does not exempt CHL holders from breaking all the other possession or concealed carry bans that 166.250 illustrates, just the handgun concealed and in the car portion.
When you carry a rifle concealed, you haven't gotten a exemption for all prohibitions under 166.250, you have a specific exemption that is titled Concealed Handgun License which is for concealing a handgun. There is no reason that a handgun license confers any powers outside of what it says it does, so the exemption is for a specific part of 166.250, not all of it.Please cite what law is broken, and how.
166.260 Persons not affected by ORS 166.250When you carry a rifle concealed, you haven't gotten a exemption for all prohibitions under 166.250, you have a specific exemption that is titled Concealed Handgun License which is for concealing a handgun. There is no reason that a handgun license confers any powers outside of what it says it does, so the exemption is for a specific part of 166.250, not all of it.
Cite where it says that the exemptions are for the entire thing.166.260 Persons not affected by ORS 166.250
How is it possible to break a part of an ordinance when you are exempt from the entire thing?
166.260 Persons not affected by ORS 166.250Cite where it says that the exemptions are for the entire thing.
Right. It neither says "persons not affected by any part of 166.250", nor does it say "persons not affected by portions of 166.250". This is ambiguous, which is why a DA or judge is going to expand their reading of the law to examine all the other ways exemptions might work given one reading or another. But you don't want to talk about that process.The purpose of ORS 166.260 is to provide an exemption of ORS 166.250. ORS 166.260 provides complete and whole exemption from prosecution of individuals under ORS 166.250.
Again, the heading of ORS 166.260 is thus:
166.260 Persons not affected by ORS 166.250
So, by that logic, dropping into subset a and b, a judge will charge a police officer with violating 166.250? Please note, all lowercase items are Specifically Exempt.Right. It neither says "persons not affected by any part of 166.250", nor does it say "persons not affected by portions of 166.250". This is ambiguous, which is why a DA or judge is going to expand their reading of the law to examine all the other ways exemptions might work given one reading or another. But you don't want to talk about that process.
No, it means that each exemption affects different prohibitions, even if they overlap. A CHL confers an exemption from the ban on concealing a handgun, while the police exemption confers a broader exemption - like having a rifle concealed in the passenger part of the car, or maybe having a MG as well as concealing a pistol.So, by that logic, dropping into subset a and b, a judge will charge a police officer with violating 166.250? Please note, all lowercase items are Specifically Exempt.
(a) A parole and probation officer, police officer or reserve officer, as those terms are defined in ORS 181A.355.
(b) A federal officer, as defined in ORS 133.005, or a certified reserve officer or corrections officer, as those terms are defined in ORS 181A.355, while the federal officer, certified reserve officer or corrections officer is acting within the scope of employment.
In summary,
166.260 Persons not affected by ORS 166.250
If this means a portion of, then a police officer could be charged with violating 166.250.
166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect:No, it means that each exemption affects different prohibitions, even if they overlap. A CHL confers an exemption from the ban on concealing a handgun, while the police exemption confers a broader exemption - like having a rifle concealed in the passenger part of the car, or maybe having a MG as well as concealing a pistol.
Isnt there some obscure Oregon law that says Oregon laws must be "interpretable" by like a 3rd grader or something?Right. It neither says "persons not affected by any part of 166.250", nor does it say "persons not affected by portions of 166.250". This is ambiguous, which is why a DA or judge is going to expand their reading of the law to examine all the other ways exemptions might work given one reading or another. But you don't want to talk about that process.
A CHL names its exemption. It can't exempt what it doesn't say it exempts.166.260 Persons not affected by ORS 166.250. (1) ORS 166.250 does not apply to or affect:
Please provide an explanation how part one of the ordinance does not apply in its entirety.