A list in plain English of where you can carry

A list in plain English of where you can carry

This is a discussion on A list in plain English of where you can carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; The http://www.defensivecarry.com/vbulle...rry-state.html thread has me wondering. Is there a list, IN PLAIN ENGLISH, that says in this state you can carry here, but not here. ...

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  1. #1
    VIP Member Array ExactlyMyPoint's Avatar
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    A list in plain English of where you can carry

    The http://www.defensivecarry.com/vbulle...rry-state.html thread has me wondering. Is there a list, IN PLAIN ENGLISH, that says in this state you can carry here, but not here.

    For example, one of the links in the restaurant thread pointed me to this

    http://www.handgunlaw.us/documents/USOffLimitsN-W.pdf

    Since I live in Oregon, I naturally scrolled down to their restrictions. This is what it says:

    (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.

    It then later says:

    (3) Subsection (1) of this section does not apply to:
    (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    This implies that as a CHL holder, I can carry in a courtroom and other places. But other things I read say no.

    Arrrrgggghhh.

    So, I would like to see a list somewhere that lists in plain English where and where not I can legally carry. Seems no one really knows for sure and the hassle involved in defending yourself based on an interpretation that may be right or wrong is daunting.
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  2. #2
    VIP Member Array miklcolt45's Avatar
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    Quote Originally Posted by exactlymypoint View Post
    The http://www.defensivecarry.com/vbulle...rry-state.html thread has me wondering. Is there a list, IN PLAIN ENGLISH, that says in this state you can carry here, but not here.

    So, I would like to see a list somewhere that lists in plain English where and where not I can legally carry. Seems no one really knows for sure and the hassle involved in defending yourself based on an interpretation that may be right or wrong is daunting.
    exactly, if I understand what you want...

    Laws written in English by attorneys that make sense to people like us who tend to be fairly logical and to the point which would put attorneys out of business and actually be for the benefit of the public.

    Is that it?

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  3. #3
    Distinguished Member Array morintp's Avatar
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    Quote Originally Posted by exactlymypoint View Post
    (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.

    (3) Subsection (1) of this section does not apply to:
    (d) A person who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun.

    This implies that as a CHL holder, I can carry in a courtroom and other places. But other things I read say no.
    Subsection (3) only states the list of people that are eligible to carry in the places listed in subsection (1), a public building. This means if you have a CHL, you can carry in stores, malls, and other public buildings. Do not confuse this with government buildings. That could land you in jail.

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    VIP Member Array ccw9mm's Avatar
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    exactlymypoint:

    One thing that can help quite a bit is to acquire a copy of this book -- Oregon Gun Laws: A Guide In Plain English, by Kevin Starrett (O.F.F.).

    Much to most of it is, indeed, in plain language. Though, interpretation of statutes can be technically exacting. Which is why it's worth speaking to an attorney anyway, regardless of whatever the unknown folks (including myself) indicate here.

    I'm fairly certain the way to read ORS 166.370 is this way:
    • 166.370.1 prohibits carrying a firearm or dangerous weapon in public buildings. But 166.370.3 exempts CHL holders from this prohibition.
      • 166.360.4 “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.
    • 166.370.2 prohibits carrying a firearm or dangerous weapon in court houses. There are no exemptions for this prohibition granted to CHL holders.
      • 166.360.2 “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.
    • 166.370.3 makes no mention of 166.370.2. It only exempts CHL holders from 166.370.1, which is general carry in "public buildings."

    Refer to 166.360 for the full panoply of what constitutes a "weapon" in Oregon, as int's not just firearms that are prohibited items in court facilities. Though, nicely, it's not just firearms that are exempt to holders of a CHL, in public facilities.

    Confusing, yes.

    In Starrett's book, he confirms as much. On p25 he states:
    Quote Originally Posted by Understanding Oregon's Gun Laws
    Note, in both the case of "public buildings" and schools, license holders are exempt. However, license holders are not exempt from the prohibition in court houses. Having a gun in a court house is a class C felony.
    Time to get a copy of the book, if you can find one. (Both O.F.F. and Amazon.com are out, right now.)
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  5. #5
    Ex Member Array arsaks4ever's Avatar
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    I'd rather have a definitive list of where I can NOT carry. It would be much shorter and take less time to check.

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    Things written in plain english usually leave pretty big loopholes- hence the "legalese" in our statutes. It is just about the only way to ensure that the law says what you want it to say, no more or less.
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    Senior Member Array rljohns's Avatar
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    I don't like the affirmative defense langauge they use in the Colorado CRS statues. I want them to just say it is legal.

    I always thought it was the judge's court and he made the rules as to who can and cannot carry a weapon into the courtroom.

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    New Member Array Halifax's Avatar
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    O.F.F.( Oregon Firearms Federation) is a very good resource for anything to do with gun laws in Oregon. Their FAQ section is great to.

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    VIP Member Array NCHornet's Avatar
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    I thought you already had your Oregon permit? If you do I assume the places where you can't carry were mentioned verbally and in written form, weren't they. I highly suggest that nobody carry a concealed firearm unless you have a valid permit and understand your states carry laws!!
    When Seconds Count, The Cops Are Just Minutes Away!!
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    Senior Member Array mzmtg's Avatar
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  11. #11
    VIP Member Array ExactlyMyPoint's Avatar
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    Quote Originally Posted by NCHornet View Post
    I thought you already had your Oregon permit? If you do I assume the places where you can't carry were mentioned verbally and in written form, weren't they. I highly suggest that nobody carry a concealed firearm unless you have a valid permit and understand your states carry laws!!
    I do have my license and I THINK I understand where I can and can not carry. But I keep getting conflicting info. I am just trying to clarify.

    Quote Originally Posted by mzmtg View Post
    This is interesting:

    Weapons on school property and functions; It is (felony offense)...

    Deadly Weapons on the premises of a nuclear power facility; It is (misdemeanor offense) ...

    I guess it is for the children.
    Last edited by ExactlyMyPoint; February 4th, 2008 at 02:22 PM.
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  12. #12
    Senior Member Array mzmtg's Avatar
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    Quote Originally Posted by exactlymypoint View Post
    This is interesting:

    Weapons on school property and functions; It is (felony offense)...

    Deadly Weapons on the premises of a nuclear power facility; It is (misdemeanor offense) ...

    I guess it is for the children.
    GA gun laws need a LOT of work.

    One could be charged with a felony and face 20 years in prison for carrying a gun within a "reasonable distance" of a bus stop. However, if one actually gets on the bus with the gun, the penalty would only be 10 years.

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