Posted: 3/24/2015 4:55:45 PM EDT
[#7]
Quote History Quoted:
I just play a lawyer on the internet but it would appear to me that Tigard's is void according to the actual laws. Not that silly laws seem to make much difference these days. View Quote View All Quotes View All Quotes Quote History Quoted:
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]
166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms.
Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 §5]
I just play a lawyer on the internet but it would appear to me that Tigard's is void according to the actual laws. Not that silly laws seem to make much difference these days.
I'm not certain that's true. If the intent was simply to ensure local governments made no laws regulating firearms, it would read: "Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms."
But it doesn't end there. There's a curious bit of language on the end: "...in a public building that is rented or leased to a person during the term of the lease." That last bit of wording suggests to me this law was written for a very specific and narrow purpose, and was intended to be applied only to that specific and narrow purpose. Otherwise, that last bit of wording makes no sense in the context of the first part of the sentence.
This law reads like it came about as the result of some type of landlord/tenant dispute.
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