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Rifles on state capital land legal?

Discussion in 'General Firearm Discussion' started by mouse, Jan 10, 2013.

  1. mouse

    mouse Pacific Northwest Active Member

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    I really want to bring my (unloaded) rifle to the rally to the Oregon state capital on january 19th. I would be dressed in my church best and with my family. However, I do not want to break the law and get my rifle taken, and I don't want to upset other rally members that might disagree with my decision to physically display my belief in the second. What are your thoughts? As a gun owner I would love to see a bunch of people at a rally with sgl-21's, ar15s, and the rest, but that is me.
     
  2. speeddemon94

    speeddemon94 The Rogue Well-Known Member

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    You are the only one. It's just like the guys downtown with the ARs...It frightens people. We need people to see us as rational calm normal people. The news keeps saying assault rifles, which is wrong but spreads fear. We need our black rifles to be the last thing these idiots think about. gotta take them out of the forefront if we can.
     
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  3. mouse

    mouse Pacific Northwest Active Member

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    thank you for the kind PM's glad I'm not the only one! BTW speeddemon94, so you think people that open carry at rallies are irrational, not calm? The only time antigunners see black rifles is in a bad light. Why not in the hands of happy healthy people. try not to speak on behalf on everyone thank you.
     
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  4. speeddemon94

    speeddemon94 The Rogue Well-Known Member

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    That is not what I said. But by attempting to bait me into an argument with you, shows exactly why it's a bad idea for everyone to load up and pack their black rifles to the capitol. If the anti's can get one individual to respond in a slightly aggressive manner, it will negate everything that is being attempted. To me, and many others, it is just not worth the risk. We don't need to give these people any more ammo.

    You must've never served in a war...this is basic tactics to deal with an uneasy populace, you hide your biggest assets from sight, in order to help them forget that you are there to win.
     
    hker71 and (deleted member) like this.
  5. Just Me

    Just Me Peoples Republik of Oregon Active Member

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    Just showing up with an empty black rifle bag could get some questions from the media. Then unzip the bag and show them that they got all worked up over nothing.
     
    1 person likes this.
  6. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Interpret how you wish:



    POSSESSION OF WEAPON OR DESTRUCTIVE DEVICE IN PUBLIC BUILDING OR COURT FACILITY



    166.360 Definitions for ORS 166.360 to 166.380. As used in ORS 166.360 to 166.380, unless the context requires otherwise:

    (1) “Capitol building” means the Capitol, the State Office Building, the State Library Building, the Labor and Industries Building, the State Transportation Building, the Agriculture Building or the Public Service Building and includes any new buildings which may be constructed on the same grounds as an addition to the group of buildings listed in this subsection.

    (2) “Court facility” means a courthouse or that portion of any other building occupied by a circuit court, the Court of Appeals, the Supreme Court or the Oregon Tax Court or occupied by personnel related to the operations of those courts, or in which activities related to the operations of those courts take place.

    (3) “Loaded firearm” means:

    (a) A breech-loading firearm in which there is an unexpended cartridge or shell in or attached to the firearm including but not limited to, in a chamber, magazine or clip which is attached to the firearm.

    (b) A muzzle-loading firearm which is capped or primed and has a powder charge and ball, shot or projectile in the barrel or cylinder.

    (4) “Public building” means a hospital, a capitol building, a public or private school, as defined in ORS 339.315, a college or university, a city hall or the residence of any state official elected by the state at large, and the grounds adjacent to each such building. The term also includes that portion of any other building occupied by an agency of the state or a municipal corporation, as defined in ORS 297.405, other than a court facility.

    (5) “Weapon” means:

    (a) A firearm;

    (b) Any dirk, dagger, ice pick, slingshot, metal knuckles or any similar instrument or a knife other than an ordinary pocket knife, the use of which could inflict injury upon a person or property;

    (c) Mace, tear gas, pepper mace or any similar deleterious agent as defined in ORS 163.211;

    (d) An electrical stun gun or any similar instrument;

    (e) A tear gas weapon as defined in ORS 163.211;

    (f) A club, bat, baton, billy club, bludgeon, knobkerrie, nunchaku, nightstick, truncheon or any similar instrument, the use of which could inflict injury upon a person or property; or

    (g) A dangerous or deadly weapon as those terms are defined in ORS 161.015. [1969 c.705 §1; 1977 c.769 §2; 1979 c.398 §1; 1989 c.982 §4; 1993 c.741 §2; 1999 c.577 §2; 1999 c.782 §6; 2001 c.201 §1]
     
  7. receo

    receo Sandy, Oregon Active Member

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    You may be onto something. I could just see someone with an empty AR soft case slung over the shoulder walking down the road in Portland, 911 is called, the media listening to the scanners rush over and all he has in his case is the food he was taking to the homeless shelter. "I'm sorry officer, I'm not allowed to use a plastic bag and this is the only thing that would hold all of the food!"
     
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  8. mouse

    mouse Pacific Northwest Active Member

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    Ahh crap, I better not do it. I'll just come with my trusty don't tread on me flag and a nice shirt.
     
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  9. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    This is about the dumbest thing you could do. Then it starts looking like a militia and a bunch of yeahoos.

    Being there unarmed or at least concealed carrying so it seems normal people like guns too,would be best.
    But that's just my opinion
     
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  10. osterr1999

    osterr1999 Silverton, OR Active Member

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    Don't bring it. CC is cool. I will have mine, but no open carry. We need to just be there with signs and dressed nicely. And please don't let some guy wearing camo get interviewed by the media. I hope that idiot Warren that did that in Portland will not be there on the 19th.
     
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  11. novamind

    novamind Hillsboro Active Member

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    There is a new law that took effect on the first of this year in Oregon that some may not be aware of. Oregon Governor Kitzhaber signed into Law Executive Order NO.12-13 Tobacco Free Properities. Please review this or you may unknowing be breaking the Law on state grounds. State agency Employees are held to a higher extent of the Law.
    I think it is best to have no open carry at this event, as you will represent all Gun Owners in the publics eye. The Media will spin anything they can to make you look evil.
     
  12. WhyteCheddar

    WhyteCheddar East of Moscow by the Willamette Well-Known Member

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    According to this you are not allowed to even CC on the capitol grounds.
    In the interest of keeping your permit, you should probably leave the pea shooters at home too.
     
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  13. chariot13

    chariot13 Near Eugene/Springfield Well-Known Member

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    Really? Someone that wants to limit a gun owner in any way frightens me. Those people that use the excuse that they're frightened at the sight of a gun when theres no harm bein done, need to be frightened.
     
  14. Navman

    Navman Canby Oregon Active Member

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    IMHO anything that can be made out by the media as "in your face" will be.

    Media is still replaying the 2 guys in Portland walking around with "Weapons of War" on their backs (that have the same mechanism as a varmit rifle)

    Next up will be the 911 calls with terror stricken people running for their lives...

    We have enough heat on honest law abiding Americans right now then to have them single out one person that did or said anything that could (will) be taken out of context and played endlessly by the talking heads.

    Example: the only photo aol shows with the NRA's speech is a Huge red flag "NRA kills Children" or something to that effect, really aol, that's all you got out of those ideas?

    There may anti 2nd Ammedment protesters screaming and yelling and calling us everything in the book.

    Let's let them make fools of themselves while we show what we are, calm, normal, hard working people with families that just happen to enjoy a sport they don't
     
  15. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    You have given the deffinition part of the law but I don't see where it says in what you posted anything is prohibited or under what conditions it would be prohibited. Only what is a public building or weapon etc.

    Or did I miss something.

    Granted laws can change but I have been in the parts of the capital building while carrying both a sheath knife and a concealled hand gun as were others at the time. We had all been in a hearings room fighting to keep our rights to own class III type weapons. At the time we were approched by OSP and asked about our "weapons" and after producing CHL's and myself explaining there was no intent to conceal the knife (I had stepped into the hall which was much colder then the hearing room packed to capacity) and put my jacket back on. And I pointed out if the knife had been concealed they would not have seen it sticking out lower then my jacket. The nice OSP officers walked off.
     
  16. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    It's the adjacent property highlighted that I would worry about. Even with a concealed carry permit, it by definition means not on any of the grounds around the capital.
     
  17. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    Like I said above the Quoted section is only the definitions NOT THE APPLICABLE LAW this is

    § 166.370¹

    Possession of firearm or dangerous weapon in public building or court facility
    • exceptions
    • discharging firearm at school

    (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.

    (3) Subsection (1) of this section does not apply to:

    (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.

    (d) A person who is licensed under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing) to carry a concealed handgun.


    (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) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a firearm in the course of the lawful taking of wildlife.

    (g) 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 (g) 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;

    (B) By a law enforcement officer acting in the officers official capacity; or

    (C) By an employee of the United States Department of Agriculture, acting within the scope of employment, in the course of the lawful taking of wildlife.

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

    (7) Notwithstanding the fact that a persons 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 (General definitions). [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; 2009 c.556 §6]
     
  18. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Sorry didnt see where anyone wanting to bring a rifle state they had a permit.......
     
  19. chariot13

    chariot13 Near Eugene/Springfield Well-Known Member

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    If a thousand plus people show up to any protest with a rifle slung over their shoulder, the police are gonna do nothing other than be happy it remained peaceful.
     
  20. LimPShoT

    LimPShoT Oregon Member

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    I just hope there aren't any agent provocateur's that would stir up stuff for the media and the like this is my worry.