(OR) TriMet under fire for banning guns

[Gray Peterson]

At the moment, TriMet (the public transit system here in the Portland area) currently bans weapons on it's bus and MAX systems, even with a CHL.

At the moment, that's under challenge, because the rule was written before either the shall-issue law was passed or the preemption statute (1989 and 1995, respectively). Beforehand, Multnomah, Washington, and Clackamas Counties were California style crony issuance until the state legislature said no more and passed the shall-issue law. However, TriMet never changed it's rules to comply with it.

TriMet's legal department has been working on it, and it looks like they agree that the state gives them absolutely zero authority to throw out CHL holders. I've been in communication with TriMet's legal team on this, and they will suggest a repeal or a rewrite of the rule.

I made it clear on some points of the law that were either not known or not clear. One was cites of state statute in regards to loaded carrying of a firearm. The state gives the cities and counties the authority to ban the loaded carrying of a firearm (even open carry). However, the law specifically says that any such ordinance MUST grant an exemption for CHL holders. Only Beaverton and Portland have the anti-loaded carrying laws on the books, and Portland is violating the state law by saying that's it's only an "affirmative defense, not an exception". So, open carry outside of Beaverton and Portland without a CHL: Legal. Open carry within Beaverton and Portland with a CHL: Legal, and Open carry within Beaverton and Portland without a CHL: Illegal.

However, once they do that, the TriMet general manager must send it to the Board of Directors, and the Board of Directors are appointed by the Governor of the State. Since for the last 16 years, the governor's mansion has been controlled by the Democrats, we can be sure that they will obstruct any attempt to comply with the law.

When the hearings do occur, we have to pack to the meeting room, and make it very clear that if they refuse to repeal the rule, they will be sued. EVERYONE pro-gun activist attending must say that. Right now, TriMet's under a lot of financial pain because of the loss of Measure 28, and if we make it clear to them that we're going to drain them by the pocketbook with their legal team (Who generally agrees with us on this issue), they'll comply.

 

[ojibweindian]

I hated riding TriMet. Used it to get from Aloha to PCC Sylvania and the main campus back in the mid 80s.

 

[SodaPop]

TriMet (the public transit system here in the Portland area) currently bans weapons on it's bus

They have metal detectors at some of the subway systems here in Phildelphia. Some of the scariest places in the city are off limits to CCW. I actually know a guy that killed a BG with a .380 at the 69th street station (in Philly) before they put the metal detectors up.

Public Trans. is where half the muggings take place.

Its screwed up.

 

[Gray Peterson]

They have metal detectors at some of the subway systems here in Phildelphia. Some of the scariest places in the city are off limits to CCW. I actually know a guy that killed a BG with a .380 at the 69th street station (in Philly) before they put the metal detectors up.

And this is legal under the state's preemption statute....how?

Start suing.

 

[Gray Peterson]

I hated riding TriMet. Used it to get from Aloha to PCC Sylvania and the main campus back in the mid 80s.

I live in Aloha. Heh. Take 57-TV Highway to Beaverton Transit Center, or take 52-Farmington/185th Ave to PCC-Rock Creek, go to Willow Creek Transit Center, and take MAX to Gresham. Arrive at Beaverton Transit Center.

Then, take the 78 to Lake Oswego Transit Center. Ugh, I took a bus to PCC-Sylvania once. Took too damned long. I can only imagine the hell it was before the MAX was put in.

 

[ojibweindian]

Lonnie, it was terrible! Used to take TriMet from Aloha to Clackamas Town Center. Not a wonderful experience. Took forever to get there!

 

[trapshooter]

"Affirmative defense" usually means a pass. But it is the Portland metro area. Unless they have installed metal detectors all over the place, what Tri-Met doesn't know, won't hurt them. Kind of like the 'no food or drinks' rule. Yeah. Right. About as enforceable as a 'no-breathing' rule on the Max at commute time. It's been a while, though. Do they have more Tri-Met cops, now, or something?

 

[Robert inOregon]

This is the same stupid policy they have in Portland and Eugene public schools. They are fully aware that they are breaking the law by setting such policies. I know of people that have been arrested on school ground, bullied by school officials and police, to then have the DA drop all the charges because they have no case. And now the schools are whining because they have no money to fight a law suit. But the policy is still intact.

City of Portland issued the same policy for their New Years block party, with the exception that they did gate the venue and did perform searches. They backed down from pending litigation and changed the policy to allow CCW.

The Tri-Met CCW policy is no different. A CCW holder should have no reason to fear carrying on Tri-Met. Policy they have in place is no different than a homeowner that puts no parking signs on a public street. It carries no weight.

 

[Dave P]

Lonny, good on ya! And keep up the good fight!

 

[Gray Peterson]

The Tri-Met CCW policy is no different. A CCW holder should have no reason to fear carrying on Tri-Met. Policy they have in place is no different than a homeowner that puts no parking signs on a public street. It carries no weight

Actually, it does carry weight in that they can throw you off. Remember, this is not a private home or a private business. This is a publicly funded transit system paid for by state and local tax dollars, plus a further income tax placed on my tax bill (.6 of 1 percent), plus 56 dollars a month that I pay for a monthly pass onto it. I can go into the unfairness of how TriMet works (inner city residents get totally free or reduced fares, whereas us folks out in Beaverton/Hillsboro or out in Gresham get the shaft in paying full price), but that's besides the point.

Remember that I don't have a choice. If it was funded totally privately, I can understand that. But my tax money is being funded into TriMet, and I'm paying money in fares. If some jackass anti-gun driver were to see my CCW permit for some reason, they could literally so "Sorry, no weapons allowed", I could argue with them that I do not have a weapon (Yes, I'm working on solving that problem...money doesn't grow on trees), but they'd just tell me to get off.

And then they warn the other drivers not to pick me up. Then I can't get to where I want to go, for a job interview, for an appointment, whatever. Now what?

TriMet, at the moment, is my only method of getting around except by foot. Before you say "Just walk or bicycle", I'll remind everyone that downtown Portland is 20 miles east of here. 20 miles of walking...and that's just one way.