10.17.14
On October 21st the “Human Services Committee” of the City of Corvallis will, once again, consider its proposed ban on loaded firearms. This is the same policy you successfully defeated in Ashland.
The Human Service Committee is responsible for social services, recreation, park and open space issues, law code enforcement, and library service issues. Council members serving on the Human Services Committee are Mike Beilstein(Ward 5), Bruce Sorte (Ward 7), Penny York(Ward 1).
Clearly, the committee is considering a solution in search of a problem, but your efforts are certainly having an effect, so keep it up.
A review of the minutes from their last meeting on October 7th shows that both the City Attorney and the Chief of Police have serious reservations about enacting this attack on the rights of the people of Corvallis. (The loaded,open carry issue begins on page 6.)
According to the minutes of the meeting, City Attorney Jim Brewer “expressed concern about Subsection 4) infringing on 4th and 5th Amendment rights. A person who openly carries a weapon in Oregon is not a person who is committing a crime. The ability for Officers to stop and/or arrest a person after a weapons inspection is problematic. This subsection mirrors language in State law regarding carrying inside public buildings; however, Mr. Brewer is not sure the State language would survive a 4th Amendment review. If an ordinance is adopted, Mr. Brewer and the District Attorney recommend no change in police response. The ordinance does not give law enforcement the authority to stop and question people who are not otherwise reasonably suspected of being involved in criminal activity.”
Chief Sassaman “said the City cannot legislate a greater authority that does not currently exist. CPD abides by all statutes related to stop/frisk; search/seizure; 1st, 4th, 5th, and 14th Amendments; etc. Officers do not have the ability to stop someone openly carrying a firearm to see if the weapon is loaded.”
In response to a question from one city councilor, the city attorney had to point out that Oregon has no “brandishing” statute.
Your activism is making a difference. Please keep up the pressure and help us stop this needless assault on your rights
The agenda for the Oct 21’s meeting can be seen here.