Gray Peterson
Founder's Club Member - Moderator
imported post
The Portland City Council passed a new Parks Ordinance, replacing Portland City Code 20.12. The new code, which can be found here, contains an offending provision that bans open carry in city parks.
20.12.050 Possession of Weapons.
No person shall possess in any Park any thing specifically designed for and presently capable of causing, or carried with the intent to threaten or cause, bodily harm to another. Things prohibited under this Section include, but are not limited to: any firearm, pellet gun, spring-loaded weapon, stun gun or taser, any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any knife with a blade longer than 3-½ inches, any dirk, dagger, ice-pick, sling shot, slungshot, metal knuckles, nunchaku, studded handcoverings, swords, straight razors, tear gas containers, saps, sap gloves, hatchets or axes. The prohibitions of this Section do not apply to concealed handguns lawfully carried by persons in accordance with valid concealed handgun permits. The prohibitions of this Section do not apply to any thing possessed or used to carry out actions authorized by any contract or permit in any Park.
On top of this, this section of the new city code section is completely unneccesary in it's application to firearms due to Portland City Code 14A.60.010, which bans the possession of loaded firearms in "public places", including parks. Portland passed 14A.60.010 under the statutory provisions of ORS 166.173.
However, 20.12.050 goes way beyond ORS 166.173 envisioned. Because of it going beyond ORS 166.173, ORS 166.170 applies, and it states:
166.170 State preemption.
(1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.
(2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]
PCC 20.12.050 is void due to the fact that they have passed a civil ordinance that may result in exclusion from the park for violating their "open carry" ban. The ban is so wide ranging that it even bans law enforcement officers and members of the military from carrying in their official duty, nor does it allow those who are exempted per ORS 166.370 to be able to carry in parks, even concealed, as it only exempts concealed handgun license holders who are carrying concealed.
PCC 20.12.050 was poorly thought out, and cannot possibly stand any scrutiny at any level.
The Portland City Council passed a new Parks Ordinance, replacing Portland City Code 20.12. The new code, which can be found here, contains an offending provision that bans open carry in city parks.
20.12.050 Possession of Weapons.
No person shall possess in any Park any thing specifically designed for and presently capable of causing, or carried with the intent to threaten or cause, bodily harm to another. Things prohibited under this Section include, but are not limited to: any firearm, pellet gun, spring-loaded weapon, stun gun or taser, any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any knife with a blade longer than 3-½ inches, any dirk, dagger, ice-pick, sling shot, slungshot, metal knuckles, nunchaku, studded handcoverings, swords, straight razors, tear gas containers, saps, sap gloves, hatchets or axes. The prohibitions of this Section do not apply to concealed handguns lawfully carried by persons in accordance with valid concealed handgun permits. The prohibitions of this Section do not apply to any thing possessed or used to carry out actions authorized by any contract or permit in any Park.
On top of this, this section of the new city code section is completely unneccesary in it's application to firearms due to Portland City Code 14A.60.010, which bans the possession of loaded firearms in "public places", including parks. Portland passed 14A.60.010 under the statutory provisions of ORS 166.173.
However, 20.12.050 goes way beyond ORS 166.173 envisioned. Because of it going beyond ORS 166.173, ORS 166.170 applies, and it states:
166.170 State preemption.
(1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.
(2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]
PCC 20.12.050 is void due to the fact that they have passed a civil ordinance that may result in exclusion from the park for violating their "open carry" ban. The ban is so wide ranging that it even bans law enforcement officers and members of the military from carrying in their official duty, nor does it allow those who are exempted per ORS 166.370 to be able to carry in parks, even concealed, as it only exempts concealed handgun license holders who are carrying concealed.
PCC 20.12.050 was poorly thought out, and cannot possibly stand any scrutiny at any level.