OR Law ? - Emergency Powers and State's ability to ban firearms?

Hometown » Oregon

[ARCHIVED THREAD] - OR Law ? - Emergency Powers and State's ability to ban firearms?

Posted: 9/4/2010 9:24:06 PM EDT

Has Oregon passed any laws that prevent the state from denying CHL holder's rights during an emergency? Do they have laws on the books to allow them to confiscate during an emergency?

TIA

Posted: 9/5/2010 5:33:52 AM EDT

[#1]

If what happened following hurricane Katrina is any indication, the "powers that be" often don't feel the need to have any laws about confiscation on their side in any event. So even if there aren't laws allowing confiscation, that doesn't mean that the "powers that be" won't try to confiscate.

But, Chairman Mao said."Political power comes from...."

Posted: 9/5/2010 6:39:02 AM EDT

[#2]

http://www.leg.state.or.us/ors/401.html

401.198
Seizure of firearms during emergency. (1) As used in this section, "unit of
government” means any department or agency of the federal government and any
public body as defined by ORS 174.109.

(2)
Notwithstanding ORS 401.165 to 401.236, a unit of government may not seize a
firearm from an individual who lawfully possesses the firearm during a state of
emergency declared under ORS 401.165.

(3)
If a unit of government seizes a firearm from an individual during a state of
emergency in violation of this section, the individual may recover from the
unit of government that seized the firearm all costs incurred in the recovery
of the firearm, including attorney fees, court costs and any other costs incurred
in the recovery of the firearm. [Formerly 401.039]

Posted: 9/5/2010 7:07:39 AM EDT

[#3]

Oregon has some bs laws, but I for one, am glad we don't have this problem here.

North Carolina Gov. Beverly Perdue

NC suspends gun rights

Posted: 9/5/2010 8:53:32 AM EDT

[#4]

Although I'm generally not very trusting of government, it nice to see that somone had the foresight to enact the above law. Kind of a refreshing change from what I'm used to seeing government do (refer to the suspension of rights in North Carolina).

Posted: 9/5/2010 8:56:39 AM EDT

[#5]

However, do also bear in mind the common witticism from LEO's that: "You may beat the rap, but you won't beat the ride."

Posted: 9/5/2010 10:28:40 AM EDT

[#6]

7.62 - Thank you

Posted: 9/5/2010 1:19:40 PM EDT

[#7]

Quoted:
However, do also bear in mind the common witticism from LEO's that: "You may beat the rap, but you won't beat the ride."

Although possibly taken out of context, a little this applies to people who need to go to jail....frequent fliers, people causing ongoing problems, and domestic situations used to fix the problem for the night.....this is not something 99% of LEO's would do to an average, law abiding, CHL holding, citizen.

Posted: 9/5/2010 4:11:47 PM EDT

[#8]

The vast majority of officers I used to work with were truly ethical, honest, good people to have protecting us. I have far more fear of bad administrators, and politicians than I do of individual officers.

Posted: 9/5/2010 8:57:18 PM EDT

[#9]

I have far more fear of bad administrators, and politicians than I do of individual officers.

The OVERWHELMING majority of LEAs aren't going to independently say ' no, that's not constitutional' and quit their job on the spot when an administrator or politician says "grab the guns".

Like someone else effectively said - just because it is on paper doesn't mean it won't be violated. Read the statute - note the penalty to the State if they deny this right - virtually none in the big picture but it could be everything to the individual.

Posted: 9/6/2010 8:53:30 AM EDT

[#10]

Quoted:
http://www.leg.state.or.us/ors/401.html

401.198Seizure of firearms during emergency. (1) As used in this section, "unit ofgovernment” means any department or agency of the federal government and anypublic body as defined by ORS 174.109.

(2)Notwithstanding ORS 401.165 to 401.236, a unit of government may not seize afirearm from an individual who lawfully possesses the firearm during a state ofemergency declared under ORS 401.165.

(3)If a unit of government seizes a firearm from an individual during a state ofemergency in violation of this section, the individual may recover from theunit of government that seized the firearm all costs incurred in the recoveryof the firearm, including attorney fees, court costs and any other costs incurredin the recovery of the firearm. [Formerly 401.039]

Hmmmm so if it takes you a couple thousand rounds of ammo to recover your stuff, can you recoup those costs

Posted: 9/6/2010 1:07:19 PM EDT

[#11]

I've been at meetings where this topic came up in front of Portland emergency managers. They are well aware of the federal ban on gun seizures in the aftermath of a disaster/emergency.

Sadly, it is also true that our current mayor rarely tends to follow sound advice . . . and given his recent foolishness regarding gun restrictions I'm gonna hope he's not in office when the Cascadia quake happens.

[ARCHIVED THREAD] - OR Law ? - Emergency Powers and State's ability to ban firearms?

Hometown » Oregon

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