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Legal Question!
The way I read this the Oregon City Police can't inspect a gun that is open carried if you are a CHL holder. So you would have to provide evidence to the fact that you are a CHL holder...and this allows them to ID you, or let them inspect your firearm and find it loaded and then demand that you show you are a CHL holder...and this allows them to ID you. Does that inspection law violate the 4th amendment? Dont they have to have a reason to suspect that the firearm is loaded? Essentially the officers are going to enforce a city firearms inspection law that makes you ID yourself...where state law says its not a crime to legally carry a weapon. I know ORS 166.173 says that Cities or Counties can regulate loaded guns in public and then it says it doesn't apply to CHL holders. But all the while...city police will still make you prove you have CHL if they see you or get calls on you because of the inspection provision. Someone help me understand...I keep going back to the 4A......trying to figure out how they can pass or enforce a law that breaks the 4A. A police officer stopping an open carrier to see if they are loaded is the same as a police officer pulling people over for the sole purpose of making sure they have insurance. Right?
Oregon City
9.24.020 - Carrying or discharge of weapons.
A. It is unlawful for any person to carry a firearm, loaded or unloaded, in a park, school ground or public building.
B. It is unlawful for any person on a public street or in a public place to carry a firearm upon his person, or in a vehicle under his control or in which he is an occupant, unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine.
C. It is unlawful for any person to fire or discharge a firearm within the boundaries of the city.
D. The provisions in subsections A through C and subsection E do not apply to or affect:
1. A law enforcement officer in the performance of official duty.
2. A member of the military in the performance of official duty.
3. A person licensed to carry a concealed handgun.
4. A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.
5. An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.
E. It is unlawful for any person carrying a firearm upon his person, or in a vehicle under his control or in which he is an occupant, to refuse to permit a peace officer to inspect that firearm after the peace officer has identified himself as such.
F. No person shall discharge a bow and arrow, BB gun or air gun within the city limits in a manner likely to endanger persons, animals or property.
G. The prohibition in subsections C and F of this section does not apply to:
1. Any person attempting to:
a. Prevent the commission of a felony upon him or upon his or her husband, wife, parent or child,
b. Prevent the commission of a felony upon his property or upon property in his possession, or upon or in any dwelling house where he is, or
c. By lawful means, to arrest a person who has committed a felony or to suppress a riot or preserve the peace;
2. The member, guest or patron of any licensed organization or business who, for the purpose of shooting practice, discharges a firearm upon an established target range or shooting gallery of that organization or business;
3. A person conducting an athletic contest who fires blank ammunition toward the sky;
4. Members of the armed forces firing blank ammunition at military ceremonies; or
5. Persons authorized by permit of the chief of police to discharge blank ammunition for a lawful purpose. (Prior code § 6-4-2)
(Ord. No. 12-1004, § 1, 5-2-2012)
The way I read this the Oregon City Police can't inspect a gun that is open carried if you are a CHL holder. So you would have to provide evidence to the fact that you are a CHL holder...and this allows them to ID you, or let them inspect your firearm and find it loaded and then demand that you show you are a CHL holder...and this allows them to ID you. Does that inspection law violate the 4th amendment? Dont they have to have a reason to suspect that the firearm is loaded? Essentially the officers are going to enforce a city firearms inspection law that makes you ID yourself...where state law says its not a crime to legally carry a weapon. I know ORS 166.173 says that Cities or Counties can regulate loaded guns in public and then it says it doesn't apply to CHL holders. But all the while...city police will still make you prove you have CHL if they see you or get calls on you because of the inspection provision. Someone help me understand...I keep going back to the 4A......trying to figure out how they can pass or enforce a law that breaks the 4A. A police officer stopping an open carrier to see if they are loaded is the same as a police officer pulling people over for the sole purpose of making sure they have insurance. Right?
Oregon City
9.24.020 - Carrying or discharge of weapons.
A. It is unlawful for any person to carry a firearm, loaded or unloaded, in a park, school ground or public building.
B. It is unlawful for any person on a public street or in a public place to carry a firearm upon his person, or in a vehicle under his control or in which he is an occupant, unless all ammunition has been removed from the chamber and from the cylinder, clip or magazine.
C. It is unlawful for any person to fire or discharge a firearm within the boundaries of the city.
D. The provisions in subsections A through C and subsection E do not apply to or affect:
1. A law enforcement officer in the performance of official duty.
2. A member of the military in the performance of official duty.
3. A person licensed to carry a concealed handgun.
4. A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.
5. An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.
E. It is unlawful for any person carrying a firearm upon his person, or in a vehicle under his control or in which he is an occupant, to refuse to permit a peace officer to inspect that firearm after the peace officer has identified himself as such.
F. No person shall discharge a bow and arrow, BB gun or air gun within the city limits in a manner likely to endanger persons, animals or property.
G. The prohibition in subsections C and F of this section does not apply to:
1. Any person attempting to:
a. Prevent the commission of a felony upon him or upon his or her husband, wife, parent or child,
b. Prevent the commission of a felony upon his property or upon property in his possession, or upon or in any dwelling house where he is, or
c. By lawful means, to arrest a person who has committed a felony or to suppress a riot or preserve the peace;
2. The member, guest or patron of any licensed organization or business who, for the purpose of shooting practice, discharges a firearm upon an established target range or shooting gallery of that organization or business;
3. A person conducting an athletic contest who fires blank ammunition toward the sky;
4. Members of the armed forces firing blank ammunition at military ceremonies; or
5. Persons authorized by permit of the chief of police to discharge blank ammunition for a lawful purpose. (Prior code § 6-4-2)
(Ord. No. 12-1004, § 1, 5-2-2012)
