Offenses Against Public Order

ORS 166.173
Authority of city or county to regulate possession of loaded firearms in public places

(1)

A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015 (General definitions).

(2)

Ordinances adopted under subsection (1) of this section do not apply to or affect:

(a)

A law enforcement officer.

(b)

A member of the military in the performance of official duty.

(c)

A person licensed to carry a concealed handgun.

(d)

A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370 (Possession of firearm or dangerous weapon in public building or court facility).

(e)

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

(f)

An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing). [1995 s.s. c.1 §4; 1999 c.782 §8; 2009 c.556 §3; 2015 c.709 §1]

Notes of Decisions

Exception prohibiting application of city ordinance to person licensed to carry concealed handgun does not apply to city ordinance allowing private lessee of public property to ban concealed handguns from leased property. Starrett v. City of Portland, 196 Or App 534, 102 P3d 728 (2004)

Local government may regulate possession of loaded firearms on streets and highways regardless of whether firearms are kept in location to which general public does not have access. State v. Ward, 224 Or App 421, 198 P3d 443 (2008), Sup Ct review denied

Chapter 166

Law Review Citations

51 OLR 427-637 (1972); 69 OLR 169 (1990)

Source

Last accessed
Jun. 26, 2021

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