Oregon CHL limitations

[Nwcid]

A big one to remember is Postal Office, including its parking lot. No carry there in all states.

Based on what law?

How is it legal to mail guns then?

 

[branson4020]

"If I'm at a Ducks game, I've probably been kidnapped."

Me too.

 

[branson4020]

Based on what law?

How is it legal to mail guns then?

Post offices are Federal property and federal regulations preempt state carry laws. Also unless your an FFL, its not legal to mail handguns.
432 Mailability

There's obviously a difference between bringing an unloaded, packaged, firearm to the post office and carrying a loaded weapon on your person.

 

[fd15k]

Based on what law?

How is it legal to mail guns then?

As branson4020 posted, plus there is case law that interpreted "lawful purposes" unfavorably to us. There is an active lawsuit to overturn that, but it's still pending...

Bonidy et al v. United States Postal Service et al

NATURE OF THE CLAIMS
1.
Plaintiffs seek declaratory and injunctive relief for Defendants' deprivation of the
right to keep and bear arms guaranteed by the United States Constitution.
Case 1:10-cv-02408-RPM Document 1
Filed 10/04/10 USDC Colorado Page 2 of 7
JURISDICTION
2.
This Court has jurisdiction over Plaintiffs' claims for relief pursuant to
39 U.S.C. §§ 401(1) and 409(a), because this action is brought against the United States Postal
Service. Jurisdiction is also proper pursuant to 28 U.S.C. § 1331, because the claims arise under
the United States Constitution.
VENUE
3.
Venue rests properly in this Court pursuant to 28 U.S.C. § 1391(b) and (e),
because, inter alia, a substantial part of the events or omissions giving rise to the claims occurred
within this judicial district and a defendant in the action resides within this judicial district.

<broken link removed>

 

[fd15k]

I think this is the case :

United States of America v Dorosan, No. 08-31197 United States Court of Appeals, Fifth Circuit.

The Volokh Conspiracy - Another Early Post-<i>Heller</i> Second Amendment Case:

http://volokh.com/posts/1215626237.shtml

http://volokh.com/files/dorosan.pdf

 

[Nwcid]

Post offices are Federal property and federal regulations preempt state carry laws. Also unless your an FFL, its not legal to mail handguns.
432 Mailability

There's obviously a difference between bringing an unloaded, packaged, firearm to the post office and carrying a loaded weapon on your person.

You missed the point, fd15k got it. There are a few "current" cases dealing with this issue so there no definitive answer right now.

IF it is legal to mali guns, it CAN NOT be illegal to have them at the post office.

It does not matter if there is an "obvious difference" in a packaged firearm vs carrying one. It ONLY matters exactly what the law says. So what does the actual law say? I am 100% sure does not say "guns are not allowed unless boxed for shipping" or anything similar.

Here is a link to the law, 18 USC § 930 - Possession of firearms and dangerous weapons in Federal facilities | LII / Legal Information Institute

 

[accessbob]

Modifying my original post.

A nonlicensee may mail a shotgun or rifle to a resident of his or her own state or to a licensee in any state. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer any firearm to a nonlicensed resident of another state. The Postal Service recommends that longguns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms.​

 

[accessbob]

As for open carry, Oregon is an open carry state HOWEVER, localities and counties have been given latitude by the legislature to prohibit open carry and the major cities have done so, including Portland and Salem.

They can restrict possession of loaded firearms in public places but if you have a CHL, that prohibition doesn't apply. Without a CHL, those laws effectively prohibit you from carrying in public. With a CHL, you can carry any way you please.

Yeah, but if only CHL can open carry, would you really want to? It would only attract attention of people and the police and then just cause problems. But you could legally yes. Legal yes, smart no.

 

[SynapticSilence]

Washington County is very strict in its stance on firearms in county buildings and facilities. This is especially so for county employees. Here's the Washington County official policy on firearms in the workplace that's available open source online. http://tinyurl.com/7euc9cu . Even for CHL carrying employees, it works down to this. They can have firearms in their car going to and from work. But once they arrive at work they can't carry them inside. This means they have to leave their firearms in their unattended vehicle. Further, they also are precluded from parking their vehicles with firearms in them on any County-owned parking lot or space. Since these are the only ones with security patrols, that means employees have to park their vehicles with their firearms in them in an unsupervised public lot or on public streets where break ins and thefts are much more likely. Further, it goes on to say employees can't have firearms with them or in their vehicles at any time they're conducting County business, including cases in which they're driving their own vehicles to do so. Ergo, employees who working outside the office and operate their own vehicles to do so, are only able to comply with the policy by leaving their firearms at home. The only exceptions granted are for law enforcement officers and assistant DA's, the latter of which seems to make no sense, but there could be a reason I'm unaware of that supports their exception. The policy has supposedly been extensively vetted and deemed legal and enforceable. Please note that violation of the policy can lead to action up to and including termination, so employees who violate the policy do so at grave risk to their income stream and being able to out food on the table. It may be the strictest policy I've seen in this area.

 

[VW_Factor]

They can restrict possession of loaded firearms in public places but if you have a CHL, that prohibition doesn't apply. Without a CHL, those laws effectively prohibit you from carrying in public. With a CHL, you can carry any way you please.

Effectively maybe, but not from carrying period. Unloaded condition is lawfully ok. (Exceptions PDX and Oregon City ordinances against loaded mags in "test case scenarios")

 

[PromptCritical]

Interesting fact: Concealed Handgun License, while not being a Concealed Weapon License, is not strictly limited to handguns or carrying them concealed.

While it allows legal carry of firearms only (no batons, or auto knives), it allows carry of ALL FIREARMS. Rifles, shotguns, machine guns. whatever constitutes a firearms as defined by ORS. I was in a discussion that concluded that it was legal to carry an RPG.

 

[pietro beretta]

When I took the Handgun Safety class over at the Multnomah Sheriffs office, the instructors wife is a city employee and she said that they don't like handguns in their buildings, and he listed city and county buildings as "May want to consider not carrying." He went on to say there is not a law against carrying in a city our county building, but your mileage may vary if noticed.

 

[hermannr]

What I like about Washington law is that local cities and counties can limit on their land how ever any ordnance passed by city or county government does not apply to persons with CPLs. ^_^

That is Oregon that requires you to have a CHL to preempt local loaded carry...not WA. OR allows local governments to restrict loaded OC if you do not have any license to carry, and some do. ORS 166.173 WA has none of that.

The only restrictions on Loaded OC without a CPL is in a vehicle (9.41.050) which has exemptions in 9.41.060 (that is, OC or CC loaded in a vehicle even without a CPL). 9.41.300 specifically states what a local government can do, and not do, relating to firearms, with and without a CPL. OC without a CPL in WA may be limited by local goverment in their locally owned convention centers and sports stadiums..that is it.

 

[MikeSettles]

That is Oregon that requires you to have a CHL to preempt local loaded carry...not WA. OR allows local governments to restrict loaded OC if you do not have any license to carry, and some do. ORS 166.173 WA has none of that.

The only restrictions on Loaded OC without a CPL is in a vehicle (9.41.050) which has exemptions in 9.i41.060 (that is, OC or CC loaded in a vehicle even without a CPL). 9.41.300 specifically states what a local government can do, and not do, relating to firearms, with and without a CPL. OC without a CPL in WA may be limited by local goverment in their locally owned convention centers and sports stadiums..that is it.

Legally true, however the reality is that some Washington jurisdictions (Vancouver, for instance) "discourage" weapons' carry. Clark county has an ordinance which precludes firearms carry into county buildings. Vancouver likes to arrest "open-carriers" for "disorderly conduct". Until there exists a painful and personal consequence for violating state preemption, local officials will continue to do so - and progressive judges will allow them to get away with it. Florida recently passed a law which levies consequences against local officials, and the result is that local ordinances in contravention of state preemption are being repealed.

 

[hermannr]

Legally true, however the reality is that some Washington jurisdictions (Vancouver, for instance) "discourage" weapons' carry. Clark county has an ordinance which precludes firearms carry into county buildings. Vancouver likes to arrest "open-carriers" for "disorderly conduct". Until there exists a painful and personal consequence for violating state preemption, local officials will continue to do so - and progressive judges will allow them to get away with it. Florida recently passed a law which levies consequences against local officials, and the result is that local ordinances in contravention of state preemption are being repealed.

Clark Co may have a law on the books that says you cannot carry in their county buildings, but state law says that is not a law. RCW 9.41.290, 9.41.300.

Seattle spent a lot of money defending their "Parks Ban", and I am sure that the appeal in that case makes for sound law. Clark Co. Cannot enforce their county building ban, and if they do, it could be expensive for them, As for Vancouver/Clark Co's harrassing Jason, when that case is through the appeal process, Vancouver will be spitting out some serious money also.

 

[hermannr]

When I took the Handgun Safety class over at the Multnomah Sheriffs office, the instructors wife is a city employee and she said that they don't like handguns in their buildings, and he listed city and county buildings as "May want to consider not carrying." He went on to say there is not a law against carrying in a city our county building, but your mileage may vary if noticed.

I would agree if you do not have a CHL, you probably better not enter a government building...however, with a CHL, OC or CC, they don't really have a choice. Can the keep their non-LE employees from carrying while at work? Maybe, but not Joe Citizen. What they can do as far as restrictions is pretty specifically spelled out in ORS 166.173.

 

[MikeSettles]

Clark Co may have a law on the books that says you cannot carry in their county buildings, but state law says that is not a law. RCW 9.41.290, 9.41.300.

Seattle spent a lot of money defending their "Parks Ban", and I am sure that the appeal in that case makes for sound law. Clark Co. Cannot enforce their county building ban, and if they do, it could be expensive for them, As for Vancouver/Clark Co's harrassing Jason, when that case is through the appeal process, Vancouver will be spitting out some serious money also.

hermannr, I REALLY do hope so. But (as with Seattle) the politicians are not shy about spending taxpayer money to support their anti-freedom agendas. Until there is a personal cost, they will continue to mess with our liberties. Police need to realize that they are not better than us, by fines and jail-time for overstepping the authority which we accord them to serve us.

 

[Blitzkrieg]

]

WA has legal open carry.

Until you try it..

 

[MikeSettles]

Until you try it..

Exactly, until we can institute personal legal consequences for those officials who wish to harrass us for practicing our obligation of self-defense, it will continue.

 

[Blitzkrieg]

Exactly, until we can institute personal legal consequences for those officials who wish to harrass us for practicing our obligation of self-defense, it will continue.

That as well as overturning the "no CC long guns" thing should be of paramount importance for WA State activists