14A.60.010 Possession of a Loaded Firearm in a Public Place.

City Code Section
  1. (Amended by Ordinance No. 184274, effective December 31, 2010.)
  2. 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.
  3. 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.
  4. C.  The following are exceptions and constitute affirmative defenses to a violation of this Section:
    1. 1.  A police officer or other duly appointed peace officers, whether active or honorably retired.
    2. 2.  A member of the military in the performance of official duty.
    3. 3.  A person licensed to carry a concealed handgun.
    4. 4.  A person authorized to possess a loaded firearm while in or on a public building under ORS 166.370.
    5. 5.  A government employee authorized or required by his or her employment or office to carry firearms.
    6. 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. 7.  A merchant who possesses or is engaged in lawfully transporting unloaded firearms as merchandise.
    8. 8.  Organizations which are by law authorized to purchase or receive weapons from the United States or from this state.
    9. 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. 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. 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. 12.  Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition.
    13. 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. 14.  A security guard employed at a financial institution insured by the Federal Deposit Insurance Corporation while the security guard is on duty.
  5. 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.
  6. E.  Penalty
    1. 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.  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.

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