Entering a No Guns Business May equal Trespass and Removal of CHL .

[OneArgus]

So I do not pay much attention when I enter a business. Its time soon for the CHL renewal again. LOL
But was just glancing and saw the new county website had this listed.

• Any Private Business or Private Facility
  • Where a condition of being on the premises or in the facility is that you not possess a firearm.

Possessing a loaded or unloaded weapon in these areas could result in a Class C felony arrest.
If you are arrested/cited for any misdemeanor or felony or issued an order for stalking or a restraining order,
your concealed handgun license will be seized and returned to the sheriff, pending adjudication of the charge.


There are no ORS statues, listed. So unsure how that is activated.
There are at many places I go, a ton of signs. So many signs if it said no guns. Id never notice.
Other then the Captain obvious places.
But what I am curious is how this plays out in real world.

If I carry a place that does not want it. And am trespassed, does that then put in play if I enter again this provisions of the laws?
Or is the posting of no-weapons allowed and I do not see it a defense?
Of course as all laws go, they are vague and misleading.
I have no intentions of breaking the law, and a business that doesn't want me to carry. Is no doubt run by a person I prefer not to give my business to.
So to hell with them anyways.
But in this anti-gun paranoid state we live in, is that an issue.
The second question is I have no Trespassing signs at my home, if you come on my property with a CHL and are not wanted
would this also be in play?

Just opening up some dialog.

Argus.
PS some may want to respond, you carry where you want, and they don't see it no foul. That is not in question.
The laws enacting or not is what the questions are.

Read More

 

[Diamondback]

Do you have State preemption, or could it be a County ordinance?

 

[Knobgoblin]

Might this be more applicable to private businesses where it's against the law to carry? Like a bar or tavern?
Seems like a good question for one of our resident lawyers. JK

 

[jackrv]

I believe this is a result of a newly passed POS legislation from this session. And signed by the governor.

 

[DunRanull]

Most unfortunate turn of affairs. Don't make it obvious, don't get caught.
Edited: I do live in rural Colorado, so our laws and LE are somewhat different. Here if "caught" they ask you to leave to avoid a trespassing charge. Just don't carry in a bank, bar, or liquor store!

 

[elsie]

I didn't see that line on my sheriff's web site. It may be a per county thing or it may be talking about felonies/misdemeanors in general.

elsie

 

[Andy54Hawken]

All actions have consequences.
So when considering doing something unlawful...
It is wise to weigh the risk versus the reward / gain / profit.

To paraphrase Leon Trotsky :
You may not be interested in law , but law is interested in you.*

Andy
* The actual quote which is very good is this :
"You may not be interested in war , but war is interested in you.

 

[PiratePast40]

Can you send a link to that? I don't see it on the Douglas County CHL web page and they defer to the Oregon State Sheriffs Association course, https://oregonchl.org/. Is it in the OSSA course? If so, that's new.

ETA: I see it now. https://www.dcso.com/182/Carrying-Concealed-Weapons
They have the federal buildings, airport, and courthouses covered. I would have to assume that the private property they're referring to would be somewhere that is higher than normal security that requires screening.

Might be worth your while to send an email asking what kind of place they're talking about. It's a legitimate concern.

 

[Bam]

There is nothing about this in any passed recent OAR/law i could find.

Seems business as usual, regarding carrying in posted private businesses. If this were the case, hasn't stopped me, won't stop me.

 

[gmerkt]

One of the several reasons I no longer carry concealed. Just too many no-nos for me to be aware of and remember.

The list of no-nos is getting longer. Pretty soon we won't be able to allow our firearms to see the light of day.

Likely those pushing control want to make everything to do with a firearm a felony, thereby denying ownership to the largest number possible.

 

[nammac]

One of the several reasons I no longer carry concealed. Just too many no-nos for me to be aware of and remember.

The list of no-nos is getting longer. Pretty soon we won't be able to allow our firearms to see the light of day.

Likely those pushing control want to make everything to do with a firearm a felony, thereby denying ownership to the largest number possible.

Before that happens, me thinks we gonna need us another one of them there Revolutions…

 

[Koda]

So I do not pay much attention when I enter a business. Its time soon for the CHL renewal again. LOL
But was just glancing and saw the new county website had this listed.

• Any Private Business or Private Facility
  • Where a condition of being on the premises or in the facility is that you not possess a firearm.

if you want to discuss this you have to cite a link so we can read it. Otherwise no guns signs dont matter in Oregon except some public buildings.

 

[Hawaiian]

if you want to discuss this you have to cite a link so we can read it. Otherwise no guns signs dont matter in Oregon except some public buildings.

Carrying Concealed Weapons | Douglas County Sheriff, OR

Read through important information regarding carrying concealed weapons.

www.dcso.com

It is strange how it states this for a private business and that it could be a felony. I don't believe that is correct as Oregon state law is pre-emptive on CHL laws

 

[Koda]

Carrying Concealed Weapons | Douglas County Sheriff, OR

Read through important information regarding carrying concealed weapons.

www.dcso.com

It is strange how it states this for a private business and that it could be a felony. I don't believe that is correct as Oregon state law is pre-emptive on CHL laws

I dont think thats correct either.

I haven't been able to find out if HB2007 passed this year, it chipped away at our pre-emptive CHL law for some public buildings, but not for private buildings.

 

[Member 53328]

It's a piece of paper. That's it.

 

[American123]

So I do not pay much attention when I enter a business. Its time soon for the CHL renewal again. LOL
But was just glancing and saw the new county website had this listed.

• Any Private Business or Private Facility
  • Where a condition of being on the premises or in the facility is that you not possess a firearm.

Possessing a loaded or unloaded weapon in these areas could result in a Class C felony arrest.
If you are arrested/cited for any misdemeanor or felony or issued an order for stalking or a restraining order,
your concealed handgun license will be seized and returned to the sheriff, pending adjudication of the charge.


There are no ORS statues, listed. So unsure how that is activated.
There are at many places I go, a ton of signs. So many signs if it said no guns. Id never notice.
Other then the Captain obvious places.
But what I am curious is how this plays out in real world.

If I carry a place that does not want it. And am trespassed, does that then put in play if I enter again this provisions of the laws?
Or is the posting of no-weapons allowed and I do not see it a defense?
Of course as all laws go, they are vague and misleading.
I have no intentions of breaking the law, and a business that doesn't want me to carry. Is no doubt run by a person I prefer not to give my business to.
So to hell with them anyways.
But in this anti-gun paranoid state we live in, is that an issue.
The second question is I have no Trespassing signs at my home, if you come on my property with a CHL and are not wanted
would this also be in play?

Just opening up some dialog.

Argus.
PS some may want to respond, you carry where you want, and they don't see it no foul. That is not in question.
The laws enacting or not is what the questions are.

As far as I know, you can only be trespassed if they ask you to leave and you refuse to. Then it becomes a legal issue with police involved because it is police who have to issue the trespass order.

Let's say you are in a store and for no reason other than you are carrying, they want to trespass you. First they'd have tell you to leave and you'd have to refuse.

While I really prefer conceal carrying, losing my CPL (without loss of firearm rights) would really just become a burden for everyone else because I'd OC and watch the panic ensue with all the people who would whine about it.

 

[Member 53328]

As far as I know, you can only be trespassed if they ask you to leave and you refuse to. Then it becomes a legal issue with police involved because it is police who have to issue the trespass order.

Let's say you are in a store and for no reason other than you are carrying, they want to trespass you. First they'd have tell you to leave and you'd have to refuse.

While I really prefer conceal carrying, losing my CPL (without loss of firearm rights) would really just become a burden for everyone else because I'd OC and watch the panic ensue with all the people who would whine about it.

Except for some city ordinances require that you have a CHL to open carry a loaded firearm. Without the CHL you can open carry but it has to be unloaded.

 

[CamoDeafie]

I dont think thats correct either.

I haven't been able to find out if HB2007 passed this year, it chipped away at our pre-emptive CHL law for some public buildings, but not for private buildings.

Oregon HB2007 | 2023 | Regular Session

Bill Text (2023-06-25) Relating to the possession of firearms in certain public areas. [In committee upon adjournment.]

legiscan.com

HB2007 2023 Regular Session - Oregon Legislative Information System

olis.oregonlegislature.gov

Seems "in Committee upon adjournment " means it failed this year?

Edit yep

InfoGuides: Oregon Legislative Resources: Glossaries

This Guide is intended to help you trace the history of an Oregon law, from its introduction as a bill to codification in statute.

libguides.osl.state.or.us

 

[nammac]

Except for some city ordinances require that you have a CHL to open carry a loaded firearm. Without the CHL you can open carry but it has to be unloaded.

Yet another reason to keep me and my wallet the he!! out of Portland.

 

[American123]

Except for some city ordinances require that you have a CHL to open carry a loaded firearm. Without the CHL you can open carry but it has to be unloaded.

I'm not familiar with those, but that would be odd if that has survived thus far any legal challenge. If you need a permit to open AND conceal carry, that's a permit to exercise a right and is undeniably unconstitutional. The reason they get away with conceal carry permit crap is because it's not stopping you from legally open carrying.