OR:Second Amendment Secures Some Right to Carry Loaded Firearms in Public Places

The Volokh Conspiracy ^ | 16 August, 2013 | Eugene Volokh

[marktwain]

So states State v. Christian (Ore. Aug. 15, 2013):

[W]e conclude in the first instance that the ordinance [limited carrying] does, to some extent, burden protected conduct falling within the scope of the Second Amendment’s guarantee. [Footnote: ... Although Heller did not define the scope of the right to self-defense outside the home, we read the opinion as recognizing a right to self-defense outside the home to a degree yet to be determined by the Court....]

But the court concluded that the ordinance at issue doesn’t restrict the right too much, partly because Oregon is a shall-issue state and people remain free to carry if they get a concealed carry license. (The court also rejected the lower court’s odd interpretation of the Portland ordinance, which I noted last year.) I think the court was right to interpret Heller as securing some right to carry outside the home, though recent lower court decisions have mostly (though not entirely) rejected such a right.

[marktwain]

This shows that the court ruling is quite a bit different from what early reports said.

[Hugin]

FYI, this was the Oregon State Supreme Court.

[marktwain]

FYI, this was the Oregon State Supreme Court.

Yes, that is what I thought.

[bunkerhill7]

Police can carry loaded weapons in public places.

The power to do such derives from the people who set up police departments hundreds of years ago. These police agencies are derived from the people`s permission hundreds of years ago.

The rights of the people include the police.

Ergo, the police have the same Second Amendment rights as the people, not more. The people do not have less than the police.

Even a second grader could figure this one out. Case solved

check out the wild wilds west where every bar and saloon had men and women with guns. This right went unchallenged for a hundred years or more in the west except for Dodge City...

I guess they never watch any old western movies which are based on FACTS..

To this day, California gold miners, including my brother, carry open in the gold country, right into town to the US Post office and assayer`s office.

It is allowed because the small mining village has that law on the books to prevent robberies on the way to and from the assayer`s office to the mining claims to prevent claim jumpers..

In the 1970`s my co-worker friend had a gold source on the Feather River. He always carried a gun -pistol- along with his partner- On Friday`s he always brought the pistol into the store with him holstered as he would be taking off for the Feather right after work, The cops used to come in the store and acknowledge that he had this right to carry as they knew he was a miner and needed it under miner`s claim rights of the town there near the Feather.

There was also a former MP who was a salesman in the same store and he also carried as the store had been an attempted robbery before thwarted by 2 armed employees.. Nuff said-

Precedent and the Second amendment trump all other crap.

My friend who was from Florida with a C&C from Florida opened a restaurant here in NY State in the 1960`s. The police never bothered him because he carried it in a holster in his restaurant and around town as those police are local boys who know the history of carrying arms here in public since 1802.

The Cuomo communists have denied from whence we came and come to take away our guns and rights.