Oregon SB554 a practical application

[Koda]

So Ive been meaning to go comb thru SB554 since I had questions that weren't clear to me and finally got around to it. I think what I found might answer some questions for others here like can you carry in the parking lot of the airport... Note: For my needs I'm only concerned with public schools, hospitals, and the airport, since I have kids, might need to take a college class, get sick, and pickup/drop off friends family at the airport.
Disclaimer: none of you are lawyers and neither am I so take this as worth what you paid for it. 2) this only applies to people with Oregon CHLs; newly prohibited places:

Public Schools: 1) they must post a visible sign at all normal points of entry to school grounds indicating ORS 166.370 does not apply. 2) Must post a notice on the boards website

Airport: only applies to the "Passenger Terminal" of the airport.

The place to begin understanding this law is on page 5, Section 8.

What Im still not clear about is if the schools, per Section 8, must do both 1, and 2 notices or just pick one or the other? Also, the airport "passenger terminal" seems to be excluded from any signage or website notifications.
For all the rest of the newly prohibited public places to CHL holders each section that codifies those specific places all refer back to in accordance to Section 8, (which only refers to Universities and community colleges). This is somewhat confusing but my take is Section 8 applies to ALL the newly prohibited public places that an Oregon CHL is no longer applicable which means if say a hospital wants to prohibit lawful CHL carry they must abide by Section 8...?

Am I wrong? Discuss.

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[GrayGoose]

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

 

[Koda]

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Gotta be honest, Im not looking for these kind of answers. Im looking for opinions on understanding and abiding by the new law.

 

[TTSX]

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

How's that working out?

 

[GrayGoose]

How's that working out?

Not as good as our founding fathers intended, I'm afraid. There are too many pussies in this country that so willingly cave in this tyranny instead of respecting and honoring what they put in the constitution for us unfortunately

 

[bradsteen]

Good lord, that's some convoluted reading.

SECTION 8. (1) The governing board of a public university listed in ORS 352.002, the Oregon Health and Science University Board of Directors, the governing board of a community college or a district school board as defined in ORS 332.002 may adopt a policy providing that the affirmative defense described in ORS 166.370 (3)(g), concerning persons licensed to carry a concealed handgun under ORS 166.291 and 166.292, does not apply to the possession of firearms on the grounds of the schools controlled by the board. (2) A board that adopts a policy under this section shall: (a) Post a clearly visible sign, at all normal points of entry to the school grounds subject to the policy described in subsection (1) of this section, indicating that the affirmative defense described in ORS 166.370 (3)(g) does not apply. (b) Post a notice on the board's website identifying all school grounds subject to the policy described in subsection (1) of this section.

The way I read this, it seems that it only applies to schools, but they are required to do both A and B.

(9) "Public building" means: (a) 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] by a city, a county, a district as defined in ORS 198.010 or any other entity that falls within the definition of "municipal corporation" in ORS 297.405, other than a court facility[.]; or (b) The passenger terminal of a commercial service airport with over one million passenger boardings per year.

...

SECTION 10. ORS 166.370 is amended to read: 166.370. (1)(a) 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. (b) Notwithstanding paragraph (a) of this subsection, in a prosecution under this section for the possession of a firearm within the Capitol, within the passenger terminal of a commercial service airport with over one million passenger boardings per year or on school grounds subject to a policy described in section 8 of this 2021 Act, if the person proves by a preponderance of the evidence that, at the time of the possession, the person was licensed under ORS 166.291 and 166.292 to carry a concealed handgun, upon conviction the person is guilty of a Class A misdemeanor.

As to what the rest of it means... sounds like you might be able to carry to a small municipal airport? No idea how you're supposed to know as a citizen the average number of passenger boardings a friggin airport has.

 

[Koda]

The way I read this, it seems that it only applies to schools, but they are required to do both A and B.

Im still undecided but can see how it could be read to do both, also if you look thru the rest of the public places there is an accordance to Section 8 for all of them except the airport.....

As to what the rest of it means... sounds like you might be able to carry to a small municipal airport? No idea how you're supposed to know as a citizen the average number of passenger boardings a friggin airport has.

A very small airport probably, agree no way to know. I didn't mention this to keep it simple since I'm not rich enough to charter small planes I'm also pretty confident PDX airport has more than a million a year but whats interesting is the new law doesn't define what a "passenger terminal" is?

 

[bradsteen]

Passenger terminal is most likely the side of the airport with ticketing before you go through security. I'm betting 1 million passengers per year is implying a Category X airport (major hub), but can't find the definition that gives volume breakdowns.

 

[Koda]

Passenger terminal is most likely the side of the airport with ticketing before you go through security.

So that pretty much means you can park in the PDX garage but cant go inside the building.... ?

 

[TTSX]

I believe the wording is meant to be vague enough to allow whichever DA or LEO or whatever to interpret the law to their whim, thereby allowing as many gun related crimes and creating prohibited possessors by default

 

[bradsteen]

So that pretty much means you can park in the PDX garage but cant go inside the building.... ?

That's what I understand it to mean, yes.

Edited to include:

If they were trying to restrict the parking area they would have had to say "airport property", which would include terminal, parking, and arrival/departure drives.

 

[Cavedweller]

It doesn't say "or

Im still undecided but can see how it could be read to do both,

It doesn't say "or", so they must do both.

I'm also pretty confident PDX airport has more than a million a year but whats interesting is the new law doesn't define what a "passenger terminal" is?

The passenger terminal is the building in which passengers arrive and depart. Clear as glass.

 

[Koda]

It doesn't say "or", so they must do both.

it makes sense that way I guess I was just skeptical those that wanted to write this law would make it harder for them to enact their gun free zone policy.

 

[Cavedweller]

it makes sense that way I guess I was just skeptical those that wanted to write this law would make it harder for them to enact their gun free zone policy.

It's not that much harder to write a few lines of HTML. Hardly an impediment to the gun controllers. Who looks at school websites, anyway? Maybe it was something the Republicans, lame as they are, insisted on. Who knows? But if you get collared and they haven't done both, looks like something a good criminal defense attorney could take advantage of.