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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 14 Public Order Chapter 14A.60 Weapons and Explosives
14A.60.010 Possession of a Loaded Firearm in a Public Place.

(Amended by Ordinance No. 184274, effective December 31, 2010.)

 

A.  It is unlawful for any person to knowingly possess or carry a firearm, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the firearm.

 

B.  It is unlawful for any person to knowingly possess or carry a firearm and that firearm’s clip or magazine, in or upon a public place, including while in a vehicle in a public place, recklessly having failed to remove all the ammunition from the clip or magazine.

 

C.  The following are exceptions and constitute affirmative defenses to a violation of this Section:

 

1.  A police officer or other duly appointed peace officers, whether active or honorably retired.

 

2.  A member of the military in the performance of official duty.

 

3.  A person licensed to carry a concealed handgun.

 

4.  A person authorized to possess a loaded firearm while in or on a public building under ORS 166.370.

 

5.  A government employee authorized or required by his or her employment or office to carry firearms.

 

6.  A person summoned by a police officer to assist in making arrests or preserving the peace, while such person is actually engaged in assisting the officer.

 

7.  A merchant who possesses or is engaged in lawfully transporting unloaded firearms as merchandise.

 

8.  Organizations which are by law authorized to purchase or receive weapons from the United States or from this state.

 

9.  Duly authorized military or civil organizations while parading, or their members when going to and from the places of meeting of their organization.

 

10.  A corrections officer while transporting or accompanying an individual convicted of or arrested for an offense and confined in a place of incarceration or detention while outside the confines of the place of incarceration or detention.

 

11.  Persons travelling to and from an established target range, whether public or private, for the purpose of practicing shooting targets at the target ranges.

 

12.  Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.

 

13.  A person authorized by permit of the Chief of Police to possess a loaded firearm, clip, or magazine in a public place in the City of Portland.

 

14.  A security guard employed at a financial institution insured by the Federal Deposit Insurance Corporation while the security guard is on duty.

 

D.  It is unlawful for any person who possesses a firearm, clip or magazine in or upon a public place, or while in a vehicle in a public place, to refuse to permit a police officer to inspect that firearm after the police officer has identified him or herself as a police officer. This Section does not apply to law enforcement officers or members of the military in the performance of official duties, nor persons licensed to carry a concealed handgun or persons authorized to possess a loaded firearm, clip or magazine while in or on a public building or court facility.

 

E.  Penalty

 

1.  In the absence of the aggravating factors listed in Subsection 14A.60.010 E.2., the court may impose a sentence of up to 6 months imprisonment and a fine not to exceed $500 for violation of this section.

 

2.  When this offense is committed by carrying a loaded firearm containing ammunition that employs gunpowder as a propellant in a vehicle, including a transit vehicle, the court must impose a mandatory minimum sentence of 30 days for violation of this Section.


Title 14 Public Order
Chapter 14A.10 Definitions
Chapter 14A.20 Procedures
Chapter 14A.30 Miscellaneous Acts of Misconduct
Chapter 14A.40 Interference With Persons And Sexual Misconduct
Chapter 14A.50 Conduct Prohibited on Public Property
Chapter 14A.55 Parade Event Marking
Chapter 14A.60 Weapons and Explosives
Chapter 14A.70 Gambling, Social Games, and Unlawful Amusement Games or Concessions
Chapter 14A.80 Minors
Chapter 14A.90 Illegal Firearms Use Hotspots
Chapter 14A.100 Regulations Governing the Safety and Conduct on Portland Streetcar, City of Portland Property
Chapter14A.110 Prohibited Conduct
Chapter 14B.10 Burglary and Alarm Systems
Chapter 14B.20 Drug-Free Zones
Chapter 14B.30 Prostitution-Free Zones
Chapter 14B.40 Impoundment and Investigation for DUII
Chapter 14B.50 Forfeiture
Chapter 14B.60 Chronic Nuisance Property
Chapter 14B.70 Short Term Motel Rental
Chapter 14B.80 Graffiti Nuisance Property
Chapter 14B.85 Graffiti Materials and Sales
Chapter 14B.90 Secondhand Dealers
Chapter 14B.100 Liquor License Recommendations
Chapter 14B.110 Amusement Devices, Games and Machines
Chapter 14B.120 Time, Place and Manner Regulation of Establishments that Sell and Serve Alcoholic Beverages
Chapter 14C.10 Police Duties to Inventory Property
Chapter 14C.20 Police Bureau Property/Evidence Division Duties
Chapter 14C.30 General Procedures and Authority of the Bureau of Police