KATU: Yes, you have the right to bear arms to defend yourself.
But how about carrying loaded guns?
The Oregon Supreme Court has weighed in that Portland’s ban on packing loaded firearms is constitutional.
It’s the first time the higher court has considered a city ordinance. The ruling applies to all cities in Oregon.
The issue came before the Supreme Court relating to a Portland case, where a man was arrested for having loaded guns. While it doesn’t affect Portland’s ordinance, it could mean more cities could pass similar restrictions.
The case in question resulted when the man arrested did not have any of the more than a dozen exceptions allowed by Portland’s ordinance, including having a concealed carry permit or going hunting.
The lawyers argued the case in March and the justices released their unanimous decision on Thursday. The man’s attorney argued any restrictions on carry guns are unconstitutional. The city’s lawyers argued they’re not.
“Article 1, Section 27 guarantees the right of persons to carry weapons that are readily capable of use for immediate self-defense,” said lawyer Neil Byl, who wants Portland’s ordinance overturned.
However, Portland’s attorney, Harry Auerbach, said that right is not an absolute right. “It’s subject to reasonable regulation by the government,” Auerbach said. “What we’ve got here is simply a reasonable regulation in the manner in which people possess firearms in public.”
The lawyer who wanted Portland’s restrictions overturned said Friday he might appeal to the U.S. Supreme Court.
Two questions for the City attorney:
- What good is carrying an unloaded gun?
- What makes you think criminals will comply with this law?
DCG