Home defense in Oregon

[U8395279]

So, having just moved here from the gunshine state, I'm used to things being...different.

Sbrs with cans and frangible ammo on carbines are standard practice for home defense.

Explain Oregon to me. I come from stand your ground, save your family, talk to the police and be home in time for dinner Florida.

There is no stand your ground law here in Oregon. The legal grounds for using deadly force are quite high.

Inside the dwelling that you live in, though, Oregon does pretty much make it OK to use deadly force against a burglar that has broken into your home.

Likewise, if a person is using force while committing a felony, you can use deadly force then too. So let's say you caught a man raping your wife, you would be legally justified in shooting him.

Other than those two types of situations, you have to reasonably believe that the other person is about to use deadly force on you or another person, in order for you to be able to legally use deadly force yourself.

It is all fairly straightforward. Just read ORS 161.219

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[U8395279]

Oregon is a "stand your ground" state, we have no law that requires any duty to retreat.

Oregon has no stand your ground law like the state of Florida has. Florida law regarding the use of deadly force is more detailed and complex than Oregon's law is.

Oregon has ORS 161.219

Here in Oregon, you have to abide by its restrictions on using deadly force.

Stand your ground has nothing to do with Oregon law. It is not mentioned in ORS 161.219

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[Stomper]

The Oregon Supreme Court has ruled an individual has "no duty to retreat" from a threat, so while there is no specific statute declaring "stand your ground", Lance is correct about ORS 161, it is indeed pretty straight forward.

 

[etrain16]

There was an attempt to bring the Castle Doctrine to Oregon in 2014, but it failed to get enough signatures on the petition to get it on the ballot. Seems most of the measures that would really help us here, such as the "No False Emergencies" petition, just never make it all the way.

 

[Stomper]

There was an attempt to bring the Castle Doctrine to Oregon in 2014, but it failed to get enough signatures on the petition to get it on the ballot. Seems most of the measures that would really help us here, such as the "No False Emergencies" petition, just never make it all the way.

That's because these days it seems to take "Soros/Bloomberg money" to get anything done in politics...

 

[michaeljr]

Whoa, wait. You guys dont have a false alarm clause on the books here for antis making calls?

 

[Stomper]

You must be referring to "swatting" someone, yeah?

 

[etrain16]

Whoa, wait. You guys dont have a false alarm clause on the books here for antis making calls?

Not sure what that is, it doesn't sound familiar.

 

[michaeljr]

You must be referring to "swatting" someone, yeah?

Basically. Antis give the 'man with gun' call.

Some places, pull that bubblegum and you do a quick year in county

 

[etrain16]

As far as I know, filing any kind of false police report will get you in hot water here, but not sure of things like mandatory sentences, etc. I can't say I've heard a lot of issues with people swatting gun owners in this area, but it may just not make the news. There certainly is no shortage of anti-gun freedom-hating socialism-loving morons in this state.

 

[Stomper]

As far as I know, filing any kind of false police report will get you in hot water here, but not sure of things like mandatory sentences, etc. I can't say I've heard a lot of issues with people swatting gun owners in this area, but it may just not make the news. There certainly is no shortage of anti-gun freedom-hating socialism-loving morons in this state.

Truer words than that are SELDOM spoken!

 

[Koda]

Oregon has no stand your ground law like the state of Florida has. Florida law regarding the use of deadly force is more detailed and complex than Oregon's law is.

Oregon has ORS 161.219

Here in Oregon, you have to abide by its restrictions on using deadly force.

Stand your ground has nothing to do with Oregon law. It is not mentioned in ORS 161.219

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Oregon has no duty to retriet and the courts have ruled such here, that is by default legal to "stand your ground" when faced with violence.

Florida was also already a stand your ground state long befor they passed their controversial law. The antigun media labled their new law as "stand your ground" but Floridas controversial law was actually a specific use of force law that made it legal to use deadly force if your attacked anywhere your legally allowed to be.

 

[Ura-Ki]

There was an attempt to bring the Castle Doctrine to Oregon in 2014, but it failed to get enough signatures on the petition to get it on the ballot. Seems most of the measures that would really help us here, such as the "No False Emergencies" petition, just never make it all the way.

Don't forget the Slamming of signatures the anti's did in those two instances, declaring not enough signatures needed because they claimed many of them were un confirmed, even though there were more then enough to get it on the ticket!

 

[Erock46]

Here's a link to where you cannot carry open or concealed carry .

PROHIBITED PLACES

 

[combatmedic]

Please look into these.

ORS 161.205 (Use of physical force generally), 161.209 (Defense of a person), 161.215 (Limitations on use of physical force in defense of a person), 161.219 (Limitations on use of deadly physical force in defense of a person), 161.225 (Use of physical force in defense of premises)

 

[combatmedic]

It's pretty similar except:

a) After saving your family keep your mouth mostly shut. "Officer, I'm the one who called you. That man on the ground attacked me. His knife fell under that car. Those two people over there are witnesses. I want and will cooperate with you fully but I'd like a chance to calm down and talk to my attorney before talking further." Then shut up until you talk to your attorney. You never know when you're going to get a liberal DA trying to make a name for himself.

Correct. Stated like a true USCCA member.

 

[U8395279]

Oregon has no duty to retriet and the courts have ruled such here, that is by default legal to "stand your ground" when faced with violence.

Florida was also already a stand your ground state long befor they passed their controversial law. The antigun media labled their new law as "stand your ground" but Floridas controversial law was actually a specific use of force law that made it legal to use deadly force if your attacked anywhere your legally allowed to be.

Well, but Koda, there is a big difference between having something explicitly stated in the law like Florida does, and just having a recent court decision in your favor, as is the case here in Oregon. And you are completely off-base regarding what the Florida statute states. You should look it up. It explicitly states that there is no duty to retreat. That is what is considered to be a true "stand your ground" law. And ORS 161.219 has no such language in it.

Oregon has actually gone back and forth on this issue, due to different court interpretations of the law. This leaves our rights as citizens at the mercy of liberal activist judges, who will interpret the law as they see fit to. And with all of the liberal governors we have had recently appointing justices to the court, one can only imagine how Oregon's Supreme Court might rule again on this issue in the future.

So no, our rights here in Oregon are really not secure. They could easily change again in the near future.

This webpage at the link below has great historical info in it how this issue has been handled by the courts here in Oregon, and how our state has gone back and forth about whether one can stand their ground or not. It is actually quite a shocking read, when you see how much judges replaced what the law actually states, with their own personal opinion. You will see that from 1982 to 2007, Oregonians did have a legal obligation to retreat, even though there was absolutely NOTHING like that stated in the law itself.

Law Discussion in Online Course

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[gimpy51]

First off, it might be considered an insult to compare the majority of the state as anything like Florida. JMPO. The very few really big cities, some problems. But living in the country, which most of this state is, it's one of the safest places in the country. For both cops and civilians. I'd hate to compare our local cops with the same brush as is used on youTube in the never ending line-up of death of innocents.

Cops and guns in Oregon?

Oregon - 20+ armed outsiders with an agenda, armed to the teeth, take over a federal wildlife refuge in Rural Oregon. After well over a month of the standoff, one of the outsiders is dead. The take over is over.

Some other states, Never mind, I won't refer to any one incident in the recent news of events, far less dangerous and challenging, where local law enforcement didn't take time to remedy the problem without apparent justification for the killing.

There are certain states that my family and our autistic son would never consider moving too. Again, we moved to a great state where we can feel safe from almost all possible threats. Not all, but a boat load less safety issues from within.

 

[Koda]

ell, but Koda, there is a big difference between having something explicitly stated in the law like Florida does, and just having a recent court decision in your favor, as is the case here in Oregon. And you are completely off-base regarding what the Florida statute states. You should look it up. It explicitly states that there is no duty to retreat. That is what is considered to be a true "stand your ground" law. And ORS 161.219 has no such language in it.

I agree that our court rulings can be up in the air and that if stand your ground is explicetly stated in the law is a true "stand your ground" law.

my point about Florida was they were already a stand your ground state for many years long befor they recently enacted their controversial use of (deadly) force law. ....which many people interpret as a SYG law but its not. How they actually word their two laws wasnt my point...

 

[U8395279]

I agree that our court rulings can be up in the air and that if stand your ground is explicetly stated in the law is a true "stand your ground" law.

my point about Florida was they were already a stand your ground state for many years long befor they recently enacted their controversial use of (deadly) force law. ....which many people interpret as a SYG law but its not. How they actually word their two laws wasnt my point...

Well, I honestly expect the 2nd Amendment right for individuals to go away in a couple of years. The next Supreme Court Justice will be chosen by Hillary Clinton, and the anti gun crowd will then really push to get a challenge to the previous 2nd Amendment ruling before the court.

While the previous 5-4 ruling went in our favor, one still needs to remember that there were 4 justices who said that there was no 2nd Amendment right for individuals in our country.
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