Oregon: Help to
Allow Employees & Visitors to Transport and Store
Lawfully-Owned Firearms in Motor Vehicles Parked on Certain
Friday, December 12, 2008
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Gun owners in
Oregon are all too familiar with
the never-ending assault on the stateʼs firearms preemption
law by state agencies, cities and counties, and local school
districts. Section 166.170(1) of Oregon Revised Statutes
clearly states: "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."
In other words, if the Oregon
Legislature has not voted to prohibit the possession of
firearms in certain places, a state agency, city council,
county commission, or school district cannot pass a rule or
ordinance to that effect.
However, as we
know too well, that has not stopped these entities from
attempting to pass and enforce such regulations, even though
they have no legal authority to do so.
Recognizing this, Department of
Administrative Services (DAS) -- the central administrative
agency of Oregon government that rents, manages or operates a
majority of state office buildings -- is accepting written
comments and holding a public hearing on proposed rules to
remedy conflicts between the state firearms preemption law and
their current policies banning the possession of firearms on
premises under their control.
The amended rule would state that the
possession of firearms on the grounds, parking lots or
premises of any building under DAS control would be governed
by federal and state laws.
If the proposed rule is adopted, myriad
unlawful agency restrictions on transporting and storing
lawfully owned firearms in private motor vehicles will be
overturned, and prohibitions on Concealed Handgun
Licensees carrying for personal protection in many state
buildings will be removed as well.