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Open carry stop

Discussion in 'Legal & Political Archive' started by misplacedtexan, May 22, 2013.

  1. misplacedtexan

    misplacedtexan Beaverton, OR Active Member

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    I open carry from time to time, mainly depending on how I'm dressed since I can't stand IWB carry.

    I attend PCC and have a CHL. Was stopped today by security (no cops) for the open carry. Apparently a student had seen it, felt endangered, and called. Now they have no grounds to bar me from open carry on campus, and they knew this, BUT they brought up the option of trespassing me for "reprehensible academic climate".

    Seems the school would allow them to trespass me for create a 'less than desired' academic environment while still staying within the open carry/chl law?

    I'm going to dig through the different laws and see about it, but is there anyone with any ideas?


    Yes, I could conceal it, and normally do, BUT I do tuck my shirts in from time to time....and no jackets in the warmer weather.
     
  2. solv3nt

    solv3nt Portland Well-Known Member

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    They can only get you for trespass if they ask you to leave, and you refuse.
     
  3. Kevinkris

    Kevinkris Aloha Well-Known Member

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    sounds like they are pulling youre chain. legally, they cant do anything. telling you they will get you for trespassing because you are carrying is harassment and i would be recording any future conversations with them. as a student, they need a good reason to ask you to leave, they cant simply put trespassing charges on you for carrying your weapon in a legal manner.

    get yourself a quality recording device and mic to pin under your shirt, when they try to threaten you with more chicken bubblegum, get your education for free.
     
    Blitzkrieg and (deleted member) like this.
  4. Panther

    Panther Keizer Active Member

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    Been a while since my chl expired. I kinda recall them saying that once u have a chl that it must be concealed and not open carried. Always wondered if that was true.
     
  5. solv3nt

    solv3nt Portland Well-Known Member

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    No, it is not true. Oregon Leg. 166 says nothing that it must be concealed...
     
  6. misplacedtexan

    misplacedtexan Beaverton, OR Active Member

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    I kinda figured they can't do much/anything about it, but I wasn't sure so I just smiled and let them say their line.

    I've been looking for the schools 'laws' but haven't found anything to go with yet. I'm going to call them later and try and get an actual listing of the law/rule they want to use.

    They weren't talking of trespassing me for the gun, but for the environment I created by having it.
     
  7. Kevinkris

    Kevinkris Aloha Well-Known Member

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    funny how exercising your rights creates a bad environment for the education process.
     
  8. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    Talk to a lawyer. Spend the $50 for a consultation. People here can probably suggest someone with the right experience and knowledge.
     
  9. misplacedtexan

    misplacedtexan Beaverton, OR Active Member

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    That was placed on the agenda of things to do, but I don't necessarily know of any good 2A/open carry/Portland-versed lawyers....

    ...or any lawyers for that matter


    Anyone have a good direction to head?
     
  10. OREGON FALER

    OREGON FALER Springfield, OR. Active Member

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    "Cool, go for it, and I'll sue you personally. You might beat the rap but you won't beat the ride" Then give him your attorney's business card. Or tell tell him your studying law and he can be part of your educational process.
     
  11. Hawaiian

    Hawaiian Tigard Oregon Well-Known Member

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    Even if you are right and they are wrong, are you willing to risk the possible consequences?
    You could get expelled.
    You could get arrested for trespass.
    You will incur huge legal fees to fight the charges even if you prevail in the end. And if you don't prevail you will leave school with a criminal record to explain to a future employer.

    If you are OK with the possible consequences, then go for it. If not, then conceal it.
     
  12. Kevatc

    Kevatc Oregon Well-Known Member

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    Why open carry on the school campus to begin with? There are places where it won't be a big deal but others where you will get unwanted attention. If you have a CHL then conceal the doggone thing. It never ceases to amaze me that folks will OC and then wonder why they got all sorts of unwanted attention. If you want the attention then more power to you but a school campus probably is going to get you the wrong kind of attention.
     
    soberups, CoastRange57, joken and 9 others like this.
  13. Kevinkris

    Kevinkris Aloha Well-Known Member

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    why should anyone allow others to take their rights from them? conforming to what others demand of you is the same as losing the right, except you you lost without fighting.
     
  14. Kevatc

    Kevatc Oregon Well-Known Member

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    Regardless of what things should be there is reality and the way things actually are. Is it illegal to OC on campus? Not as far as I know but the point I was making is that the reality is there are places to do it and places that will get you unwanted attention. If you can legally CC then do it. Simple solution to the issue. Like I said before if you want the attention then go for it but then don't be surprised when you have to do some homework on the legal issues and possibly need to use an attorney to get yourself out of hot water. If you have the money to fight the battles then I will be an interested onlooker to see how thing get worked out.
     
    DadDuck, soberups, JGRuby and 5 others like this.
  15. Kevinkris

    Kevinkris Aloha Well-Known Member

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    thats what im talking about right there. the reason you cannot open carry is because even those who wish to do it have sat back and allowed others to tell you its wrong, then didnt disagree. allowing others to dictate your actions because of their feelings is how we ended up with the latest attempt to limit gun rights and how the next one will come. its important to remind people that it is legal and we should not be criminalized for doing legal things or owning legal property, because someone else doesnt think it should be.
     
  16. chariot13

    chariot13 Near Eugene/Springfield Well-Known Member

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    What you're speaking of is political correctness. You're saying let political correctness rule you. Yes it is legal 'BUT' you might hurt their feelings so you should hide what you legally do.....
     
  17. misplacedtexan

    misplacedtexan Beaverton, OR Active Member

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    Which is exactly how the 'security' person phrased it. He wasn't too happy to confront me about it, but said he had received a complaint, his super forced his hand, and there we were. Apparently some student felt a perceived threat at some point while I was in the building. I made a point of how absurd it was, but his hands were tied on the matter and I'm not in the business of giving old retired people grief over issues they can't readily control. I'm not arguing it's not going to draw me unwanted attention. I'm well aware of that. I honestly don't care. Generally I get a 'nice pistol', or a 'what manufacturer is that?'

    I like to dress better than most the garbage at the campus, and because I tuck my shirts in, wear a belt, and have slacks on I can't conceal without wearing a jacket/sport coat. Well, I could, BUT I'm not resetting my entire wardrobe to accommodate IWB carry. I hate it, it's uncomfortable, and a pain in the ***.
     
  18. Kevinkris

    Kevinkris Aloha Well-Known Member

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    i would still say screw em and keep carrying how you prefer. so long as you keep it legal, professional and remain respectful to those who confront you, there really is nothing they can do. completely up to you though.
     
    rocky3 and (deleted member) like this.
  19. Darknight

    Darknight Salem Active Member

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    In your student handbook for PCC:



    RIGHT TO ACCESS COLLEGE FACILITIES
    Students have the right of access to College facilities, subject to ordinary schedules and policies and regulations governing the use of each facility. When using these facilities, the student has the responsibility to respect these regulations and to comply with the spirit and intent of the rules governing facility use. Chartered ASPCC student clubs have free access to facilities unless additional services (custodial, Campus Safety, etc.) are required.
    When faced with a situation which he/she determines is likely to or does disrupt the order of the College, threatens the health and welfare of the College community, or that interferes with the ingress and/or egress of persons from College facilities, the Campus President or designee shall have the authority to:

    1. Prohibit the entry of any person or persons, or to withdraw the license or
    privilege of any person or group of persons to enter or remain upon any portion of a College facility; or

    2. Give notice against trespass by any manner specified by law to any person, persons, or group of persons against whom the license or privilege has been withdrawn or who have been prohibited from entering into or remaining within a College facility.

    Any student (s) disobeying a directive given by the Campus President or designee, pursuant to the statements above, shall be subject to disciplinary action, and/or criminal trespass laws.


    16. Failure to comply with a notice against trespass.
    17. Failure to comply with the following rules regarding firearms and weapons:
    a. The use, carrying, exhibiting, or displaying of any weapon (as defined by Oregon Revised Statute 161.015), or facsimiles thereof, is prohibited on or in College facilities, except as provided by Oregon law or when approved by College administration for official College activities.
    b. Explosives, incendiary devices, or any facsimiles thereof are prohibited on or in College facilities, except as provided by Oregon law, or when approved by College administration for official College activities.
    c. The above rules do not apply to equipment or materials owned, used, or maintained by the College, used by the College or under College direction, nor to law enforcement officers or campus security personnel.
     
  20. Kevatc

    Kevatc Oregon Well-Known Member

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    Noooo .... what I've said twice now is that if you don't mind the attention then go for it. Personally, if you have the ability to CC then why garner the attention?