(OR) Gun Ban in Park District? ***?!

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Gray Peterson

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I was on the way to work today, and I was waiting at Merlo Road MAX Station on SW 158th Avenue. Most of you folks who live in the area know how MAX works.

Some history:

TriMet, after reviewing it's rules, determined that their rules against firearms possession violated the state preemption statute reserving the authority to regulate firearms to the state legislature, and that the CHL statute by itself would override the TriMet code. Problem being is that Oregon does not have a law against open carry, or accidental exposure, like Texas and Florida does. A driver sees it, they could have kicked you out, until the change in rules a few months ago. The rule predated both the CHL law and the preemption statute, and it was not until several gun rights activists pointed out the problem

The Department of Natural Resources here in Oregon also determined that their rules against handgun carry during hunting also violated by the CHL statute as well as the preemption statute after they reviewed the case law with AG Hardy Meyers.

Anyway, back to the story, I was waiting at Merlo Road MAX Station. Anyone familiar with the area would know that there's a nature trail near there. THPRD (Tualatin Hills Park and Recreation District) had some prohibitions on it, the usual, drinking, open containers and fires, blah blah blah, then there was the "No Hunting, Firearms, Bows, or Arrows".

Uh oh...looks like THPRD didn't read the notes from TriMet: Districts are not allowed to regulate firearms in a manner overriding state law, especially when the preemption statute is passed so recently making it's intent clear.

Luckily my work is right next to THPRD's Administrative HQ. I will get a hold of their legal department and try to straighten it out, first administratively (see if they have an actual rule or policy, and try to get them to reverse it). Then by the Board of Directors, and they don't cooperate, I will sue them.
 
What, no one interested in this at all? I'm suprised.

A little update: I went to the Terpenning Complex on Walker and 158th in Beaverton after work, and spoke with someone, and got a hold of the chief of security over one of the phones (Nextel direct connect). It was a relay call between one of the women in the athletic center. I tried to get a copy of the rules and they kept asking me why. I told her the truth, I wanted to know if it was a district rule that firearms carrying and possession was prohibited. So she used the Nextel to call the chief of security.

He said that firearms are completely prohibited on all district property by patrons and visitors. Needless to say I tried pointing out to him about it, but the lady in the middle didn't want to be involved in the conversation any longer and be monopolized (she even thought that CHL holders were exempt, but she was told differently by the chief in front of me). So we exchanged information.

From talking with others, talking further with the chief is going to be a waste of time. He's an enforcer. I'll probably talk with whoever the general manager of THPRD.

In any case, I'm persuing this further. I'm going to also contact OFF and the Portland Pink Pistols as well and see if we can start the process of pressuring these people to comply with the preemption law.

Thoughts?
 
Sounds like a lonesome battle, Lonnie. You have my support.

Have you followed the fights waged by Phil VanCleave of VCDL? He and others regularly engage various little bureaucrats here in Virginia and defeat illegal (preempted) regulations that they seem to thrive on. Good luck.

TC
TFL Survivor
 
Lonnie, I am a long ways from where you are but here are my thoughts. You are fighting a long, hard battle and, while I really hope you win, you may not. Nevertheless, thank goodness for folks like you who fight those battles else the mindless bureaucrats will force things down everybody's throat just because they can, legal or not! GO GET 'EM and GOOD LUCK!
 
From speaking at with the Superintendent of Security, his opinion is: If you have a CHL, you have just as much right to be there as a law enforcement officer. However, if you open carry, you will likely get kicked out and excluded from the property for open carry for "disturbing the peace and inciting panic", though concealed carriers wouldn't be bothered on district property, with the EXCEPTION of parks.

He said that because of the problems with people hunting, firearms are prohibited there.

I'll likely going to have to go to a higher level. Security chiefs are enforcers of rules. They have no authority on refusing to enforce a rule.

I'm going to have to call TriMet and see their legal review of the situation. I just wish OFF here was as strong as VCDL, even though the preemption statute is in OR is stronger than VA, it seems there's more people flouting the law in the bureaucratic level here. Great work on getting the Portland people and the Multnomah County Sheriffs to get on the ball and cooperate, but Washington County needs more attention, more than I myself can give it.
 
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