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Victory In Court Regarding Oregon University Firearms Ban Rules

Oregon Firearms Federation

Salem, Oregon --(Ammoland.com)- Today, after several years of legal maneuvering, the Oregon Appeals Court decided that the rules the Oregon University System has had in place to ban lawful carry of firearms on their property are invalid.

The opinion reaffirmed what we have always held to be true. The law is the law.

This is a very important day for gun rights in Oregon. Our Educational Foundation brought this suit after Jeffery Maxwell, a Marine Corps veteran, was unlawfully arrested on the campus of Western Oregon University while in possession of a handgun for which he had an Oregon concealed handgun license.

WOU’s outrageous abuses of Maxwell are well documented, and now we have at least some vindication.

Looking at the response of the school system, it is clear that they will do all in their power to circumvent the decision of the court, and we are confident that this battle is by no means over. But today’s ruling is clearly a victory for gun owners, a victory for the Oregon Firearms Educational Foundation, and most of all, a victory for every one of you who stood by us, and, by your extraordinary generosity, allowed us to see this through. To each of you, we offer our thanks and gratitude.

Of course, there will be the predictable response by some of the more extreme anti-rights politicians, so we need to prepare for the up coming battles, but for now, congratulate yourselves on a hard-earned victory.

We also want to thank those in the legislature who stood up for the rights of Oregonians as this issue played out.

Below is the most important part of today’s decision.

Although the State Board of Higher Education is an arm of the state, it is not the Legislative Assembly. And while, as noted, the State Board of Higher Education has general authority to control and manage its property, ORS 351.060, and to enact administrative rules, ORS 351.070(4)(b), no argument can be reasonably made that OAR 580-022-0045(3)–which regulates the very subject expressly preempted by ORS 166.170(1)–was “expressly authorized” by the Legislative Assembly. See ORS 166.170(1). Therefore, we conclude that OAR 580-022-0045(3) is an exercise of an “authority to regulate” firearms that is not expressly authorized by the Legislative Assembly, and that it is preempted by ORS 166.170(1).1 Accordingly, the rule exceeds the agency’s authority, ORS 183.400(4)(b), and is invalid.

OAR 580-022-0045(3) held invalid.

About:
The Oregon Firearms Federation has proven itself to be Oregon’s only no compromise lobbying group, OFF takes the same tough stands and serves as a vehicle for educating gun owners, promoting their rights and when necessary, fighting the freedom haters in court. Visit: www.oregonfirearms.org

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Motorcycle Gun Bill Becomes Law
Governor Kitzhaber has signed Gun Bill HB 2792 into law. That’s good news and bad news.

Oregon Firearms Federation

Salem, Oregon --(Ammoland.com)- 2792 clarifies lawful carry of firearms on motorcycles, snowmobiles and all terrain vehicles. The “short “ version follows.

As always, concealed handgun license holders can carry handguns any way they choose while on motorcycles. This was always so.

However,until this bill became law, there was no practical way for a person to legally transport a handgun on a motorcycle if they did not have a CHL. Now those without licenses can carry handguns on motorcycles if they are in a locked container or if they are equipped with a trigger lock.

This is a positive development.

In the past, it was unlawful to have a loaded firearm on a snowmobile or ATV. This applied to everyone, even those with concealed handgun licenses. One of the main problems with this law was that the term “loaded” was not defined. Could you have a magazine inserted in an auto loader if there was no round in the chamber? The law did not say. Now, with the enactment of 2792, this too has been clarified.

For the purposes of carry on snowmobiles and ATV’s “unloaded” means the following:

• If the firearm is a revolver, that there is no live cartridge in the chamber that is aligned with the hammer of the revolver;
• If the firearm is a muzzle-loading firearm, that the firearm is not capped or primed;
• or If the firearm is other than a revolver or a muzzle-loading firearm, that there is no live cartridge in the chamber.

Please note, the above restriction no longer applies to CHL holders, who may carry fully loaded firearms on snowmobiles or ATV’s . You may also carry concealed on snowmobiles and ATV’s without a CHL if you follow the same guidelines as are applied to motorcycles, meaning the gun must be in a locked container or be equipped with a trigger lock. Without a CHL you may carry the gun openly in the newly defined “unloaded” condition anyplace there are not local restrictions. The rules for motorcycles, snowmobiles and ATV’s are now much like the rules for cars and trucks

While these are good changes and ones we have been working on for some time, 2792 also had bad components. As you may know, in 2009 OFF crafted legislation to clean up Oregon’s laws on gun rights restoration for persons with past felony convictions. SB 603 corrected an error in Oregon law that allowed a person with a felony conviction to petition the court have his rights restored to buy a gun, but because of an anomaly in the law, that person could still not own it!. SB 603 fixed that and worked well for the short time it was in effect. Now, HB 2792 greatly restricts who may apply for rights restoration. Remember, this was not a law that gave anyone their rights back, it only allowed them to ask for their rights back. Some applied and were approved and some were not. The new system worked. Now, no one convicted of a “person felony” can apply for rights restoration. While many “person felonies” are serious crimes, some hardly seem like reason to disallow a person from ever seeking to have their rights restored. You can see a list of “person felonies” here.

About:
The Oregon Firearms Federation has proven itself to be Oregon’s only no compromise lobbying group, OFF takes the same tough stands and serves as a vehicle for educating gun owners, promoting their rights and when necessary, fighting the freedom haters in court. Visit: www.oregonfirearms.org

Filed under: Gun Rights News by Ammoland No Comments »