Jury Duty: Oregon

Discussion in 'Firearm Laws & Legal' started by 1337BaldEagle, Jan 27, 2016.

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  1. 1337BaldEagle

    1337BaldEagle
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    As we probably all know a court facility is generally off limits to CCW.

    ORS 166.370
    (2)(a)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:


    (A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.

    However there is an exception in (b) stating: (b)The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.


    My first question is: has anyone heard of a "presiding judge" every making this kind of an exception in general, for a specific person, or for a CHL holder?

    Second: Who is the "presiding judge?" It says "The presiding judge" not "a presiding judge" so I'm assuming it is a specific judge that needs to make the order permitting the exception in the specific county.


    Any INAL help would be most appreciated. Thank you.

    ~Eagle~
     
  2. etrain16

    etrain16
    Oregon
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    I would be very surprised if any judge has ever made that exception, and if they did, I would seriously doubt it would ever be for a CHL holder. I've served on jury duty in Clackamas County 5 times over the years and have never seen this exception made. I just assume a courtroom is off- limits - it's one of the few areas I don't carry.
     
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  3. 1337BaldEagle

    1337BaldEagle
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    I am inclined to agree, though I could see it being this way merely because few have ever asked.

    You may be supersized at the doors that sometimes open merely because someone took the time to ask.
     
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  4. etrain16

    etrain16
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    I presume you're asking because you've been summoned? If so, please do ask and let us know how it goes.
     
  5. 1337BaldEagle

    1337BaldEagle
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    Well, see that is why I asked about who the presiding judge is.

    If one is going to ask it should be asked of the correct person. I could easily see asking the wrong person who has an aversion to the idea and telling you "no" even though they were not authorized to make that exception in the first place.
     
  6. PaulB47

    PaulB47
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    If you are getting jury duty, it's much more important for you to learn about fully-informed juries than whether you can take a gun in.

    https://fija.org/

    Think about whether it makes sense to send someone to jail for mere mala prohibita. With 2.4 million Americans in jail, there are more than enough there already.
     
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  7. 1337BaldEagle

    1337BaldEagle
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    While I can appreciate the sentiment, whether I can or cannot is very important to me. I don't presume to tell anyone else what "is" and "is not" important. What may be much less important you you may be the pinnacle of importance to others.

    Further your post is Off-Topic :rolleyes:

    :)


    Eagle
     
  8. etrain16

    etrain16
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    I don't know where you are, but in Clackamas County, the jury candidates assemble in a room separate of the courthouse, though I can't recall if the rule applies there because it's just a commercial building down the street. You would need to get your judgment before you try to actually enter the courthouse, which means you would need to know who the judge is on the trial you're first being interviewed for, before the interview starts (in the courthouse), for a jury you may not even serve on. I don't see how you could go from sitting in the waiting area to being called in for your interview and have time to pull that off. I suspect it is highly unlikely. When they call you, it's time to go, now. I doubt they would be okay with that kind of delay. But again, let us know if you give it a go.
     
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  9. Jamie6.5

    Jamie6.5
    Western OR
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    In Marion County I wouldn't have made it past the "No Firearms" sign and the metal detector.

    Good luck OP.
     
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  10. ZA_Survivalist

    ZA_Survivalist
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    At Washington Countys courthouse I talked to a few folks to find someone in charge, once I found a person of moderate importance I asked about defensive lifestyles and the fact that We as firearm owners are discriminated against as per law by banning our right to carry and defend ourselves while there. I also asked about lockers and an exterior auxiliary window to pay for ones extortion fee..

    She seemed surprised someone would dare question the discrimination and the fact that a person would even carry a firearm day to day. I knew it wouldnt go anywhere but every now and then I like to mix things up and talk to idiots like that.

    All government dolts are worthless.
     
  11. JedB

    JedB
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    Based on my experience in Portland (multnomah county), you would need to go to the jury pool first, and then to a specific courtroom for voir-dire. If you get past that point, and make it to a jury, you could then ask the judge that will preside over that case.

    So, based on that, until you know the presiding judge, I don't know that you could appeal for an exemption.

    It's an interesting question, but I don't know that I'd bring my gun to the jury pool, only to be turned away and have to go lock it in the car.
     
  12. 1337BaldEagle

    1337BaldEagle
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    I have lived and transferred my CHL in Marion County before and was frisked because of my empty holster. I fully understand what you go though. Thanks for the good luck wishes.

    Eagle
     
  13. 1337BaldEagle

    1337BaldEagle
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    So, I just called the Linn County Court Admin office. Apparently a "presiding judge" is a single person until they retire. They are a judge that has an added "administrative" roll if you will to give various orders in procedure to other judges. The "presiding judge" does not change case by case. There is a different presiding judge for each county.

    So, I got the presiding judges info and will be sending him a letter.

    I will post back when or if I receive a denial or approval.

    I'm not optimistic but I am willing to ask for the cost of a stamp.



    Eagle
     
  14. ZA_Survivalist

    ZA_Survivalist
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    Thats more than a lot of folks have ever done. Im interested to hear the outcome! Fingers crossed.
     
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  15. SHPD_Retired

    SHPD_Retired
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    I was a Court Security Deputy for seven years and I can tell you that it isn't going to happen.
     
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  16. Lilhigbee

    Lilhigbee
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    I expect that the exemption is in regards to bringing a gun in as evidence or in some manner necessary to the trial.
     
  17. 1337BaldEagle

    1337BaldEagle
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    I am certin this is the case
    Darn it! I just wasted a stamp then. :rolleyes:


    Eagle
     
  18. mcfoto

    mcfoto
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    I will defer to SHPD's professional opinion, but as someone who has served on juries in both Multnomah and Washington Counties and been through security procedures in both courthouses, I'm thinking your chances are very slight in getting permission to carry. The issue is not your stability but the fact that those buildings are full of people who may be in custody but know how do bad things with firearms and have an idea on how to get control of them.
     
  19. TCOV

    TCOV
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    My local county courthouse is two story and all jury/court business is on the second level, plainly marked NO FIREARMS. The lower floor is county business and not firearms restricted. There are lockers on the lower level and jail office to store firearms if needed. This is Washington and I believe it is a common setup. Call your courthouse and politely ask them what the arrangements are.
     
  20. erudne

    erudne
    The Pie Matrix
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    After yesterday's shooting I think the chances of packing in court are less than zero
     

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