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captmike13 | Your car is a public place in Oregon | ||
Elite Guru
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This is how liberal our state is. This could end the 4th amendment rights here in this state.
Oregon firearms federation Apeals court decision. Mike. |
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Posted on: 2008/12/16 21:53
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Schrade | Re: Your car is a public place in Oregon | ||
Elite Guru
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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.
'State' is capitalized. If it was not capitalized, then the qualifier could not be construed in ANY manner, to dis-allow firearms in a public or private place. Your OWN free 'state' - your 'secure' condition, in any place, would be dependent on bearing an arm (your own responsibility). But since 'state' is capitalized - a proper noun, then the security pre-clause implies OBLIGATION*** (to help defend the [local] state/group, as well as yourself), which could not be infringed. ***This is probably why Conscientious Objection (religious dodgers) was once considered for inclusion in the 2nd. To take all guns, liberals will have to re-define 'well regulated militia', OR, they'll have to declare that NOTHING is necessary to maintain the 'security' of the 'State', OR, they'll have to re-define 'State'. They're making that declaration with re-definitions now: http://www.spp.gov/ |
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Posted on: 2008/12/16 23:21
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CentralCoaster | Re: Your car is a public place in Oregon | ||
Senior Guru
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Ok so...
Oregon says you can't have a gun on a public highway, except that you can carry a gun in your vehicle if you have a concealed carry permit. I'm reading the intent of the law, to me it says: You can't be in possession of a weapon in public, unless you have a permit. I don't see why there should be an exception if you're inside a car, or a bubble, or in a space suit. Your pants pocket isn't a public place, but you wouldn't expect to be able to carry a gun there with no permit. Why can't these dumbass legislatures just write laws that make sense? |
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Posted on: 2008/12/17 1:09
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Matatk | Re: Your car is a public place in Oregon | ||
Webmaster
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Ok, so I read them both. Unfortunately, the OFF is twisting the court's decision. It was very clear to me.
You can carry a concealed gun with a permit. No problem. A city cannot supercede state law on that. It appears open carry (non-concealed) is legal in Oregon. A city can, however, pass a law preventing open carry within their jurisdiction. The appellate court stated that your car is considered a "public place" in this context, making it subject to any open carry laws a jurisdiction establishes. This is consistent with USSC reasoning. As far as the Fourth Amendment, a person does not have the same expectation of privacy in a vehicle that they do in a home. This is due to the open nature of a vehicle. If you put a bag of drugs on your front seat and a police officer walks by and sees it, is that an illegal search? No. It was in open view. Same concept. This is not a challenge to the fourth amendment. Bottom line to me is that if you want to carry a gun, get a permit and save yourself the headache. Matthew |
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Posted on: 2008/12/17 2:10
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bogus | Re: Your car is a public place in Oregon | ||
Grand Imperial Pooh-Bah
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This will be going to the Supreme Court.
This is invasion of what's left of our privacy. If anything destroys what is left of America, it will be namby-pamby legal decisions of this nature. First it was the Patriot Act... what's next? I remember when a cop pulled me over because my tint was too dark... the little shit had the balls to say, "I pulled you over because your tint was too dark and I could not see what you were doing inside." Oh, that pissed me off. Does it matter what I am doing inside my car? Am I speeding? Driving erractic? Should I open the curtains in my house now? Tint laws are no different... some screwed up stat that makes bank for the local cops. Oh, I got off because I had a drs waiver. If I ever get elected to a political office, the first thing I will do is clean up these kinds of bullshit statutes. |
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Posted on: 2008/12/17 4:03
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The single biggest problem with communication is the illusion that it has taken place. - George Bernard Shaw Education is the best tool to overcome irrational fear. - me |
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CentralCoaster | Re: Your car is a public place in Oregon | ||
Senior Guru
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How is it any more of an invasion of privacy than before?
I don't understand how it's any different than before. Are you saying I'm allowed to carry a loaded gun in my car without a permit? |
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Posted on: 2008/12/17 4:39
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captmike13 | Re: Your car is a public place in Oregon | ||
Elite Guru
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Quote:
Yes you are allowed to carry without a permit. But if a city or municipality has a law about not carrying in public then no because your car is considered public access. You could be breaking the law without knowing it because such laws are not openly known when they change them. This is where that pre-emption law is now null and void with this court ruling. See where this is heading. Here's another strange law. I read in the hunting regulations manual (the one they give out at Bi-Mart) that carrying a loaded firearm while riding an ATV was illegal, I'm sorry I didn't remember the law quoted, I could get it if you want. What's the deal on this? I have a CHL, am I exempt? Some people put ATV permits on there car / truck / SUV, I'm thinking that it would then be illegal to carry a loaded weapon in the vehicle? Thanks. Ben. It is illegal to carry a loaded gun (long gun or handgun) on an atv or a snowmobile. CHL holders ARE NOT exempt. If you are carrying a bow, all arrows must be in a quiver. We attempted to deal with this in the 2005 session, but the Senate refused to hear the bill that the House passed. See here: It is a Class B traffic infraction. It would NOT apply to your regular motor vehicle. Mike |
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Posted on: 2008/12/17 5:28
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Schrade | Re: Your car is a public place in Oregon | ||
Elite Guru
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Public place?
Not a problem. No more property tax on the 'public place'. Hey - nice sunglasses in the 'public place'. Finders keepers loser's public place. Maintenance? Oil change? Tires? Head for the 'public' DOT maintenance yard. Sounds okay to me UH Huh! |
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Posted on: 2008/12/17 6:04
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LT5, Marc Haibeck ECM module, AUTOMATIC!!! |
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Schrade | Re: Your car is a public place in Oregon | ||
Elite Guru
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Quote:
Today obama used the words together in the dem's saturday speech. "security and prosperity". And while searchin' for the transcript, this came up: http://24ahead.com/blog/archives/007494.html Just a matter of time... |
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Posted on: 2008/12/20 21:09
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LT5, Marc Haibeck ECM module, AUTOMATIC!!! |
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Schrade | Re: Your car is a public place in Oregon | ||
Elite Guru
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WOW - WHAT A READ:
Quote:
Quote: Regarding the CFR, Obama says he doesn't know whether he's an "official member", but says he's spoken there in the past. He then says: http://24ahead.com/blog/archives/cat_nau.html |
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Posted on: 2008/12/20 21:37
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LT5, Marc Haibeck ECM module, AUTOMATIC!!! |
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