Gray Peterson
Member
I was on the way to work today, and I was waiting at Merlo Road MAX Station on SW 158th Avenue. Most of you folks who live in the area know how MAX works.
Some history:
TriMet, after reviewing it's rules, determined that their rules against firearms possession violated the state preemption statute reserving the authority to regulate firearms to the state legislature, and that the CHL statute by itself would override the TriMet code. Problem being is that Oregon does not have a law against open carry, or accidental exposure, like Texas and Florida does. A driver sees it, they could have kicked you out, until the change in rules a few months ago. The rule predated both the CHL law and the preemption statute, and it was not until several gun rights activists pointed out the problem
The Department of Natural Resources here in Oregon also determined that their rules against handgun carry during hunting also violated by the CHL statute as well as the preemption statute after they reviewed the case law with AG Hardy Meyers.
Anyway, back to the story, I was waiting at Merlo Road MAX Station. Anyone familiar with the area would know that there's a nature trail near there. THPRD (Tualatin Hills Park and Recreation District) had some prohibitions on it, the usual, drinking, open containers and fires, blah blah blah, then there was the "No Hunting, Firearms, Bows, or Arrows".
Uh oh...looks like THPRD didn't read the notes from TriMet: Districts are not allowed to regulate firearms in a manner overriding state law, especially when the preemption statute is passed so recently making it's intent clear.
Luckily my work is right next to THPRD's Administrative HQ. I will get a hold of their legal department and try to straighten it out, first administratively (see if they have an actual rule or policy, and try to get them to reverse it). Then by the Board of Directors, and they don't cooperate, I will sue them.
Some history:
TriMet, after reviewing it's rules, determined that their rules against firearms possession violated the state preemption statute reserving the authority to regulate firearms to the state legislature, and that the CHL statute by itself would override the TriMet code. Problem being is that Oregon does not have a law against open carry, or accidental exposure, like Texas and Florida does. A driver sees it, they could have kicked you out, until the change in rules a few months ago. The rule predated both the CHL law and the preemption statute, and it was not until several gun rights activists pointed out the problem
The Department of Natural Resources here in Oregon also determined that their rules against handgun carry during hunting also violated by the CHL statute as well as the preemption statute after they reviewed the case law with AG Hardy Meyers.
Anyway, back to the story, I was waiting at Merlo Road MAX Station. Anyone familiar with the area would know that there's a nature trail near there. THPRD (Tualatin Hills Park and Recreation District) had some prohibitions on it, the usual, drinking, open containers and fires, blah blah blah, then there was the "No Hunting, Firearms, Bows, or Arrows".
Uh oh...looks like THPRD didn't read the notes from TriMet: Districts are not allowed to regulate firearms in a manner overriding state law, especially when the preemption statute is passed so recently making it's intent clear.
Luckily my work is right next to THPRD's Administrative HQ. I will get a hold of their legal department and try to straighten it out, first administratively (see if they have an actual rule or policy, and try to get them to reverse it). Then by the Board of Directors, and they don't cooperate, I will sue them.