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Joseff Powell, 21, of Gresham, consults with an attorney during his arraignment Wednesday afternoon in Multnomah County Circuit Court. Powell is the first person in Multnomah County to be charged under the county's gun ordinance.

(Kelly House/The Oregonian)

After a gunman opened fire at Reynolds High School last week, Multnomah County's controversial gun control ordinance came into play for the first time since it was enacted 14 months ago.

Joseff Powell, 21, became the first person charged with violating the ordinance after police accused him of carrying a loaded gun to a church where students gathered after the June 10 shooting. Powell told police he wanted to protect his sister, a Reynolds freshman.

Multnomah County’s ordinance goes beyond Oregon state law, making it illegal to carry a loaded weapon in public and mandating that gun owners take pains to keep their weapons out of a minor’s hands. With some exceptions, it also prohibits firing a gun anywhere in the county.

The ordinance could also play a role in the case of Jared Padgett, whom police say killed 14-year-old Emilio Hoffman and then himself with an AR-15 rifle that apparently belonged to Padgett's brother. Troutdale's police chief has said the gun was "secured" in the home, but a search warrant affidavit released Thursday says only that the weapon was stored in a room he and his brother shared.

Multnomah County's gun rules don't apply to:

Concealed handgun permit owners

Police and military on duty

Lawful hunters

People doing target shooting at an established target shooting range or gallery

Government employees authorized to carry firearms

Security guards with proper clearance

Anyone else with legal authorization to have a loaded gun in public

Anyone with written authorization from the sheriff or his designee

Prosecutors' first use of the gun ordinance comes just as county attorneys prepare to defend its validity in court July 9, in a case that will have statewide impact. Five county residents have sued saying the county doesn't have the authority to impose gun control on its eight incorporated cities.

Statewide experts say no Oregon county has attempted to impose a criminal ordinance on cities in recent memory. If a Multnomah County Circuit Court Judge backs the county in the gun control case, experts say, it could open the door for counties to impose not only gun control but also a wide array of other legislation in cities.

Fighting back on gun control

The county board approved the gun control ordinance in April 2013, just months after the mass shooting in Sandy Hook, Conn., over objection from gun rights advocates who argued the new restrictions violated their Second Amendment rights.

Backers of the ordinance took a more stringent approach than the state, which lets owners openly carry loaded firearms and discharge them. In an urban area, weapons simply can't be fired in the direction of a person, building or vehicle. State law, unlike the county ordinance, also doesn't specifically address parents' role in preventing access to guns by minors.

The people suing to quash the ordinance -- residents of Gresham, Troutdale and Fairview -- argue county leaders can’t force laws upon cities without the expressed consent of city leaders.

“What we’re challenging is the scope of the county’s power,” said Bruce McCain, the attorney and former Multnomah County sheriff’s captain who is representing the plaintiffs.

The county maintains that the decision to apply the gun ordinance within cities is in line with Oregon law.

But police chiefs in Gresham and Troutdale have declined to enforce the ordinance while they await a ruling in the lawsuit.

That’s why Powell, who was arrested in Troutdale on an accusation of carrying a loaded gun, wasn’t originally charged under the county ordinance. Instead, police booked him on an allegation of carrying a concealed weapon without a permit, a state misdemeanor.

“Our city council didn’t pass any kind of ordinance, and that’s who we answer to,” Gresham police spokesman Claudio Grandjean said Tuesday.

The Multnomah County District Attorney's office has taken a different stance: to follow the ordinance that's on the books. County prosecutors on Wednesday charged Powell, who was arraigned a week ago on a state weapons charge, with violating the county ordinance.

It was the first case in which an alleged violation of the ordinance has come the district attorney's attention, according to Chief Deputy District Attorney Charles Sparks.

Officials with the two other agencies that patrol east Multnomah County – Fairview Police and the Multnomah County Sheriff’s Office – said they are enforcing the ordinance. But they said they haven’t yet had occasion to arrest anyone because of it.

The ordinance is moot in Portland, which approved a city ordinance containing near-identical gun control language in 2010.

Statewide ramifications

Although the lawsuit going to trial on July 9 pertains specifically to Multnomah County’s gun ordinance, much more could be at stake. The judge’s decision could set a statewide precedent for future debates over how far counties can exert their governing power.

Multnomah is one of nine Oregon counties governed by home rule charter. Most operate under general law (without a charter), and state law prohibits them from enforcing ordinances within city limits.

The law doesn’t specify whether home rule counties can impose their laws upon cities. Until now, the issue has never come up.

"In most instances, home rule counties aren't trying to assert that their ordinances apply within cities," said Rob Bovett, legal counsel for the Association of Oregon Counties. "I understand why this case is being litigated, because there are some unanswered legal questions there."

Bovett said if the county prevails, the way could be cleared for county governments to impose their will upon cities on matters far more wide reaching than gun control.

Aside from the gun ordinance in Multnomah County, state experts in local government can’t think of another instance when a county has attempted to unilaterally exert its laws within city limits. Some county ordinances – in Multnomah County and elsewhere – are enforced within cities, but only after city officials formally agree to honor them.

Multnomah County attorney Jenny Madkour said Wednesday that aside from the gun ordinance, the county has not enforced police power in cities without elected officials’ consent for at least the past five years. She could not speak to earlier years.

McCain, the lawyer, argues the gun ordinance reflects the county board’s desire to wrest control from east Multnomah County cities.

“This is part of a bigger overall plan to take Portland-centric ideas and impose them all over the county,” he said. “Everybody knows this is about more than just gun laws.”

Waiting for a verdict

The county's ordinance isn't popular among elected officials in East County.

Troutdale Mayor Doug Daoust said the city's attorney issued an opinion last year that Multnomah County could not impose its ordinance in the city.

“The reaction was, you know, Multnomah County cannot mandate certain rules on our city without checking with us first,” he said.

Wood Village Mayor Patricia Smith expressed similar sentiments.

“Cities kind of like to do things their own way,” she said.

--Kelly House