Drew Vattiat | The Oregonian/OregonLive

BY GORDON R. FRIEDMAN

The Oregonian | OregonLive

Portland police officials this week revealed that several protesters carried guns atop a downtown parking garage shortly before a controversial protest.

That jarred Mayor Ted Wheeler, who has proposed new restrictions on protests when demonstrators have a history of violent clashes.

But during the rooftop encounter, police didn't seize any of the rifles or arrest anyone.

Why? Because everything the protesters had done was legal, police said. The guns were unloaded and in cases. The men all had licenses to carry concealed handguns.

Wheeler has said state and federal laws don’t do enough to restrict where and when people can possess guns.

But Oregon’s legislature decided nearly 25 years ago that it, and only it, could limit where legal gun owners could bring their guns. Cities, school districts and other local governments can’t prohibit people from carrying guns on land they control nor bar people with concealed carry licenses from bringing concealed guns inside their buildings.

But that doesn’t mean Portland can’t regulate aspects of where and how people bring guns and ammunition.

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What are Oregon’s gun laws? And can Portland do more to regulate firearms?

The Oregon Constitution protects the right to bear arms. Article 1, Section 27 of the Oregon Constitution states: "The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power."

But the Oregon Supreme Court has ruled that right is not absolute – and that public bodies in Oregon can regulate the manner of possession of arms but not the mere possession itself.

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Can Portland regulate the use of firearms?

Yes, and it already does, in chapter 14A.60 of the city code.

The code makes it illegal to carry a loaded firearm in a public space, including in a vehicle on public streets. Violations can carry a $500 fine and six months in jail.

Unloaded guns, however, can be brought into public spaces by their legal owners. And people licensed to carry a concealed firearm can bring such a weapon anywhere in Portland except into a courthouse or on federal property. Those concealed weapons may be loaded.

City code makes it illegal to fire a gun within Portland city limits. There are exceptions for a person defending property or another person, police and port officers, people at shooting ranges, hunting safety instructors, and people firing blanks for athletic contests or military or police ceremonies.

Other gun control measures, like background checks, limits on magazine sizes and outright weapons bans, may only be enacted by the state Legislature.

Is my concealed handgun license from another state valid in Oregon?

No. But Oregon law enforcement agencies issue concealed handgun licenses to residents from Oregon’s border states: Washington, California and Idaho.

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Can police officers ask if I’m armed?

Yes, but they must have a good reason to ask.

The Oregon Supreme Court ruled in 2015 that for officers to ask pedestrians or motorists if they are armed they need a valid, specific reason to believe they may be in danger.

That ruling was made after an Oregon State Police trooper stopped a man who was jaywalking in Portland and asked if he was armed. The man was, and he was later convicted on a weapons possession charge. But that ruling was overturned with the high court’s opinion.

The ruling likely affects many law enforcement agencies in Oregon, whose sworn officers regularly ask people they suspect of being armed whether they possess any weapons.

Can I bring a gun into a school?

People with valid concealed handgun licenses may bring their firearms into school buildings, contrary to school district rules posted at practically every school building.

And it’s legal for people to open carry unloaded weapons on school grounds in Oregon.

As for district rules barring firearms on school campuses, they are not enforceable except with students and employees. But school personnel generally act as if those rules apply universally.

-- Gordon R. Friedman

GFriedman@Oregonian.com