Oregon McMinnville Bans Loaded Carry

Northwest Firearms · Jul 30, 2015

07.30.15

On Tuesday, with very little fanfare or attention, the City Council of McMinnville unanimously passed a pointless and unenforceable ban on loaded carry.

In an email to OFF, the McMinnville City Attorney said "We discussed that our police officers could not walk up to someone openly carrying and demand that they show whether the gun was loaded or not unless there were (sic) probable cause. We discussed that, if someone wanted to, s/he could simply keep walking and not engage with an officer at all."

She also said "While I would not say there's been an "issue" with people carrying in our parks, I would say that the incidents are increasing and that interest in the subject is increasing." She added "Police Chief Matt Scales was present at the meeting and stated that he supported the ordinance restricting the open carrying of loaded firearms in public places. He said he believes it's the City's duty to ensure that public places are safe for children and adults to enjoy without the fear of someone openly carrying a loaded weapon."

CHL holders are not affected and non chl holders can open carry if unloaded. And police have no authority to determine if guns are loaded or not. So really, what was the point?

It seems McMinnville is hoping to become the new "go to" location for open carry protesters.

City Council of McMinnville

Alan Ruden
Phone: 503-435-2412
[email protected]
Ward: 2
Term Expires: 12/31/2018
Occupation: Builder/Developer

Scott Hill
Phone: 503-434-5547
[email protected]
Ward: 1
Term Expires: 12/31/2016
Occupation: Banker (Retired)

Kellie Menke
Phone: 503-472-2742
[email protected]
Ward: 2
Term Expires: 12/31/2016
Occupation: Certified Public Accountant (Retired)

Kevin Jeffries, Council President
Phone: 503-434-8998
[email protected]
Ward: 1
Term Expires: 12/31/2018
Occupation: Legislative Aide for State of Oregon

Remy Drabkin
Phone: 503-560-2003
[email protected]
Ward: 3
Term Expires: 12/31/2018
Occupation: Winery Owner – Winemaker

Larry Yoder
Phone: 503-472-4419
[email protected]
Ward: 3
Term Expires: 12/31/2016
Occupation: Business Owner (Retired)

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Oregon Firearms Federation

The Heretic · Jul 31, 2015

The LEOs will invent some reason why they thought the person was threatening and the gun was loaded and then arrest and disarm them.

That said, I don't open carry in any municipality - whether there is a law or not, it makes people and LEOs nervous and I don't see the point in doing it.

BillM · Jul 31, 2015

Rule #1. Treat every firearm as if it were loaded.

Someone should tell the police. Problem solved.

Beyond that, without probable cause, what business is it of theirs if the gun is loaded?

There IS a Oregon law on the books that allows them to check for a loaded gun in a public building.

166.380 Examination of firearm by peace officer; arrest for failure to allow examination. (1) A peace officer may examine a firearm possessed by anyone on the person while in or on a public building to determine whether the firearm is a loaded firearm.

(2) Refusal by a person to allow the examination authorized by subsection (1) of this section constitutes reason to believe that the person has committed a crime and the peace officer may make an arrest pursuant to ORS 133.310. [1969 c.705 §3]