Oregon CHL machine gun Legal?

oregonlaw76 · Mar 1, 2011

What Kimber custom said. As long as it is registered federally and the permit is valid, its legal absent violating some other legal provision. The permit exempts you from both the state Unlawful possession of a firearm statute and Portland city possession of a loaded firearm ordinance, regardless of whether it is a handgun or long gun.

State v. Baker, 974 P.2d 790, 158 Or.App. 437 (Or. App., 1999)

PCC 14.32.010(c) provides that it is unlawful for a person to carry a loaded firearm upon his person on a public street or in a public place. Subsection (a) defines firearm as "a pistol, revolver, gun, rifle, or other ordnance[.]" (Emphasis added.) Subsection (e) provides a statutory defense:

"The prohibitions in Subsections (b), (c), and (d) of this Section do not apply * * * to any person having a valid permit issued to him by lawful authority to carry or use firearms."

At the time of the alleged offense, defendant was in possession of a valid Oregon permit. ... On appeal, defendant argues that he comes "squarely within the exclusion created by PCC 14.32.010(e)" and that his conviction should, therefore, be reversed. Under the plain language of the ordinance, defendant is correct: The ordinance is not violated if a person has a valid permit to carry firearms, and "firearm" is defined to include rifles. On appeal, no party demonstrates why the plain language of the ordinance does not require that interpretation.

....

The wording of the ordinance has changed but the structure has not. Plus, permit holders have to be exempted out of the law based on preemption statutes...

That being said, I would echo that its a good legal hypothetical but a bad idea practically. The permit is a defense that needs be established, so you can be detained by police long enough to investigate your valid license and valid federal registration. It also doesn't exempt you from an arrest for Dis Con or other non possession criminal offenses. I can't think of a judge in Multnomah County who wouldn't allow a Dis Con conviction if your coat rises and the hippies see your full auto uzi in the middle of Pioneer Square.

"Personal opinion only, not legal advice, do not rely upon to your detriment."

PromptCritical · Mar 2, 2011

Now that is fantastic. Statutes AND case law!

steyr 50 · Mar 2, 2011

You're close... Cities within Oregon such as Portland and most other large cities ban loaded carry. and your Oregon CHL exempts you from those bans.[/QUOTE]

Thanks for the clairification.

Stomper · Mar 2, 2011

MrNiceGuy said:
This is all assuming that Pioneer Courthouse square isnt an actual courthouse. I'm not familiar with it so I dont know.

Pioneer Courthouse Square is NOT a courthouse... its merely a "square" in downtown Portland named after the orignal Courthouse sitting next to it. Wiki says its still a Federal Courthouse and is one of four primary locations where the United States Court of Appeals for the Ninth Circuit (aka Circus) hears oral arguments. It also houses the chambers of the Portland-based judges on the Ninth Circuit. Its the oldest Federal structure in the PNW and second oldest West of the Mississippi... hooray for us.

Don't go in there with a CH... its a Federal Blg. and it could go bad on you if you're caught.