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A reasonable person standard.
Would a reasonable person seeing the text of ORS 166.250 (1) (a) and (b) and also ORS 166.262; conclude that yes ORS 166.260 does exempt valid CHL holders from 166.250, on plain reading of the text?
"A peace officer may not arrest or charge a person for violating ORS 166.250 (Unlawful possession of firearms) (1)(a) or (b) or 166.370 (Possession of firearm or dangerous weapon in public building or court facility) (1)(a) if the person has in the person's immediate possession:
(1)A valid license to carry a firearm as provided in ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing), unless the person possesses a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year or on school grounds subject to a policy described in ORS 166.377 (Possession of firearms in certain public buildings by concealed handgun licensees);"
Since ORS 166.250 (1) (a) and (b) says..
"(1)Except as otherwise provided in this section or ORS 166.260 (Persons not affected by ORS 166.250), 166.270 (Possession of weapons by certain felons), 166.273 (Relief from firearm prohibitions related to mental health), 166.274 (Relief from prohibition against possessing or receiving firearm), 166.291 (Issuance of concealed handgun license), 166.292 (Procedure for issuing) or 166.410 (Manufacture, importation or sale of firearms) to 166.470 (Limitations and conditions for sales of firearms), a person commits the crime of unlawful possession of a firearm if the person knowingly:
(a)Carries any firearm concealed upon the person;
(b)Possesses a handgun that is concealed and readily accessible to the person within any vehicle;"
Emphasis added by me..
Would a reasonable person seeing the text of ORS 166.250 (1) (a) and (b) and also ORS 166.262; conclude that yes ORS 166.260 does exempt valid CHL holders from 166.250, on plain reading of the text?
ORS 166.262 – Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370
A peace officer may not arrest or charge a person for violating ORS 166.250 (Unlawful possession of firearms) (1)(a) or (b) or…
oregon.public.law
"A peace officer may not arrest or charge a person for violating ORS 166.250 (Unlawful possession of firearms) (1)(a) or (b) or 166.370 (Possession of firearm or dangerous weapon in public building or court facility) (1)(a) if the person has in the person's immediate possession:
(1)A valid license to carry a firearm as provided in ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing), unless the person possesses a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year or on school grounds subject to a policy described in ORS 166.377 (Possession of firearms in certain public buildings by concealed handgun licensees);"
ORS 166.250 – Unlawful possession of firearms
Except as otherwise provided in this section or ORS 166.260 (Persons not affected by ORS 166.250), 166.270 (Possession of weapons by certain…
oregon.public.law
Since ORS 166.250 (1) (a) and (b) says..
"(1)Except as otherwise provided in this section or ORS 166.260 (Persons not affected by ORS 166.250), 166.270 (Possession of weapons by certain felons), 166.273 (Relief from firearm prohibitions related to mental health), 166.274 (Relief from prohibition against possessing or receiving firearm), 166.291 (Issuance of concealed handgun license), 166.292 (Procedure for issuing) or 166.410 (Manufacture, importation or sale of firearms) to 166.470 (Limitations and conditions for sales of firearms), a person commits the crime of unlawful possession of a firearm if the person knowingly:
(a)Carries any firearm concealed upon the person;
(b)Possesses a handgun that is concealed and readily accessible to the person within any vehicle;"
Emphasis added by me..