12.27.13
As many of you know, there is an effort underway to impose, in the City of Ashland, the kind of pointless (and largely illegal) anti-gun ordinances that Portland and now Multnomah County have in place.
A group calling itself “Citizens for a Safe Ashland” has concluded that the city is such a hotbed of “gun violence” that it must impose restrictions “in the hopes of adding Ashland to the list of cities with sensible controls on firearms.” The have started a petition drive to push their agenda.
The proposed ordinance would mirror Portland’s ban on open loaded carry for those without CHL’s and copy the lock-up regulations now in place in Portland and Multnomah County. It would also regulate the possession of feeding devices like magazines and allow “peace officers” to “inspect” firearms, “clips” and magazines. Under the proposed rule, you could not have a loaded handgun in your car, carried openly, without a CHL. In fact, no one without a permit from the Sheriff could openly carry a firearm in any “public place.”
We believe that portions of the proposed ordinance are clearly illegal. Part of the ordinance parrots Portland’s rule and says :
“A person commits the offense of endangering a child if a person fails to prevent access to a loaded or unloaded firearm by a minor without the permission of the person, a parent or guardian, when the person knew or reasonably should have known that a minor could gain access to the firearm.”
However Oregon’s pre-emption statute clearly says “Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.”
While Oregon’s laws allow a city to regulate some loaded carry in public places it’s very doubtful that the storage parts of this ordinance are legal.
It’s important to note that Portland and Mutnomah County (which promoters of this petition are copying) also have a regulation that further victimizes you if someone steals a firearm you own. If you fail to report a firearm stolen you are subject to a fine of $2500.00 and failure to report a stolen gun’s serial number will subject you to a fine of $200.00 per stolen gun!
Recently OFF was contacted by a person who had 2 rifles stolen in the crime free utopia of Portland. When he could not provide the stolen guns’ serial numbers he received a letter from the City of Portland demanding payment of a $400.00 fine. In November our lawyers agreed to represent him and contacted the City informing them that the fine was unlawful and would not be paid. Our intention was to immediately take them to court when they attempted to collect. We have not heard a word since then.
We believe that if a person who has standing is willing to fight these ordinances we have a good chance of winning, and at least so far Portland has shown no interest in taking us on. However, we believe it is essential that the disease of illegal gun restrictions not be allowed to continue to spread. Please contact the Ashland City Council and let them know that it would be a foolish mistake to replicate the failed policies of Portland and Multnomah County. Remind them that the Sheriff of Multnomah County , Dan Staton, supported similar rules in his county only to promise later not to enforce them!
You can send an email to the entire City Council using this link. The Council’s other contact info is:
20 East Main St
Ashland, Oregon 97520
Phone: (541) 488-6002
Remember, even if you don’t live in Ashland, you have the discretion to spend your vacation dollars elsewhere and the City Council should be reminded of that.