City Code Section
- 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.
- 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.
- C. The following are exceptions and constitute affirmative defenses to a violation of this Section:
- 1. A police officer or other duly appointed peace officers, whether active or honorably retired;
- 2. A member of the military in the performance of official duty;
- 3. A person licensed to carry a concealed handgun;
- 4. A person authorized to possess a loaded firearm while in or on a public building under ORS 166.370;
- 5. A government employee authorized or required by their employment or office to carry firearms;
- 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. A merchant who possesses or is engaged in lawfully transporting unloaded firearms as merchandise;
- 8. Organizations which are by law authorized to purchase or receive weapons from the United States or from this state;
- 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. 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. 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. Licensed hunters or fishermen while engaged in hunting or fishing, or while going to or returning from a hunting or fishing expedition;
- 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; or
- 14. A security guard employed at a financial institution insured by the Federal Deposit Insurance Corporation while the security guard is on duty.
- 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 themselves 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.
- E. Penalty.
- 1. In the absence of the aggravating factors listed in Subsection 14A.60.010 E.2. of this Code, the court may impose a sentence of up to six months imprisonment and a fine not to exceed $500 for violation of this Section.
- 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.