ORS - LEO can examine your sidearm

Discussion in 'Legal & Political Archive' started by MarkSBG, Aug 26, 2009.

  1. MarkSBG

    Beaverton Oregon
    Well-Known Member

    Likes Received:
    Ok, so he has examined it and, yup, it's loaded. Now what? What is the point of this law? It seems that all of the laws against possessing firearms in a public place are pretty clear that it doesn't matter if it is loaded or not. So, what gives?
  2. BillM

    Amity OR
    Bronze Supporter Bronze Supporter

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    I'm kind of puzzled by that one too. You would think they would just take your word on it---"yup, it's loaded". Also not all that thrilled about handing
    a loaded firearm to them. NOT criticizing law enforcement, but some don't
    really have much experience dealing with a wide assortment of guns. If
    what they are used to is a decocker gun, and what you hand them is
    cocked and locked, it could get real interesting.
  3. NK777

    West of Portland

    Likes Received:
    Weird law... maybe it there for city ordances that do not allow loaded firearms. I've never had a police officer ask to see my gun. They just want to know where I'm carrying it.
  4. Chee-to

    Well-Known Member

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    166.380 pertains to a "unlicensed" individual. Section 166.370 says:

    Oregon Statutes - Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering - Section 166.370 - Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school.

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    (1) Any person who intentionally possesses a loaded or unloaded firearm or any other instrument used as a dangerous weapon, while in or on a public building, shall upon conviction be guilty of a Class C felony.

    (2)(a) Except as otherwise provided in paragraph (b) of this subsection, a person who intentionally possesses:

    (A) A firearm in a court facility is guilty, upon conviction, of a Class C felony. A person who intentionally possesses a firearm in a court facility shall surrender the firearm to a law enforcement officer.

    (B) A weapon, other than a firearm, in a court facility may be required to surrender the weapon to a law enforcement officer or to immediately remove it from the court facility. A person who fails to comply with this subparagraph is guilty, upon conviction, of a Class C felony.

    (b) The presiding judge of a judicial district may enter an order permitting the possession of specified weapons in a court facility.

    (a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment.

    (b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer.

    (c) An active or reserve member of the military forces of this state or the United States, when engaged in the performance of duty.

    (e) A person who is authorized by the officer or agency that controls the public building to possess a firearm or dangerous weapon in that public building.

    (f) Possession of a firearm on school property if the firearm:

    (A) Is possessed by a person who is not otherwise prohibited from possessing the firearm; and

    (B) Is unloaded and locked in a motor vehicle.

    (4) The exceptions listed in subsection (3)(b) to (f) of this section constitute affirmative defenses to a charge of violating subsection (1) of this section.

    (5)(a) Any person who knowingly, or with reckless disregard for the safety of another, discharges or attempts to discharge a firearm at a place that the person knows is a school shall upon conviction be guilty of a Class C felony.

    (b) Paragraph (a) of this subsection does not apply to the discharge of a firearm:

    (A) As part of a program approved by a school in the school by an individual who is participating in the program; or

    (B) By a law enforcement officer acting in the officer’s official capacity.

    (6) Any weapon carried in violation of this section is subject to the forfeiture provisions of ORS 166.279.

    (7) Notwithstanding the fact that a person’s conduct in a single criminal episode constitutes a violation of both subsections (1) and (5) of this section, the district attorney may charge the person with only one of the offenses.

    (8) As used in this section, “dangerous weapon” means a dangerous weapon as that term is defined in ORS 161.015. [1969 c.705 §§2,4; 1977 c.207 §2; 1979 c.398 §2; 1989 c.839 §22; 1989 c.982 §5; 1991 c.67 §39; 1993 c.625 §1; 1999 c.782 §7; 1999 c.1040 §4; 2001 c.666 §§24,36; 2003 c.614 §6]
    Section: Previous 166.300 166.310 166.320 166.330 166.340 166.350 166.360 166.370 166.372 166.373 166.380 166.382 166.384 166.385 166.410 Next

    Last modified: August 7, 2008

    If asked if you're carrying, tell them you have a CHL, show it and if asked to see your weapon ( which is highly unlikely) show them, and unless you're doing something illegal he'll hand it back and you'll be on your way...
  5. The B

    The B
    NW Oregon
    Well-Known Member

    Likes Received:
    always look closely at the wording, and always look at the statute above and below the one in question.

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