[Libs-Or] weapons info

[Buzzy Nielsen]

Hi everyone,

In case you’re curious, I did also clarify that, in addition to the weapons I noted before, Oregon law also considers mace/pepper spray and stun guns to be weapons for the purposes of being forbidden in public buildings. Jurisdictions can adopt policies locally to allow their employees to carry mace.

Also, I had an error in the first answer when I referred to what cities and counties can regulate when it comes to firearms. Counties and cities (notably not special districts) can “regulate, restrict, or prohibit” people from carrying loaded firearms in public places, which ORS 161.015 defines as “place[s] to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.” So the power is a bit broader than what I said, but I’m sure there are limits, so consult with legal counsel before acting on that information.

Cheers!
Buzzy Nielsen

******************************
Library Director
Crook County Library
175 NW Meadow Lakes Dr.
Prineville, OR  97754
bnielsen at crooklib.org
(o) 541-447-7978 x301
(m) 971-270-0527

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From: Buzzy Nielsen
Sent: Monday, March 13, 2017 5:27 PM
To: libs-or at listsmart.osl.state.or.us
Subject: RE: [Libs-Or] weapons info

I believe that was me. Sorry for the delay. Here’s the FAQ I sent our staff.

May patrons bring handguns into the building?
Yes, under current County and State regulations. Individuals with concealed handgun licenses (CHLs) are allowed to take their firearms nearly anywhere, with some exceptions (e.g. courts). ORS 166.173 authorizes cities and counties to forbid those without CHLs (or other valid exceptions, such as being law enforcement agents) from carrying firearms into public buildings, but Crook County has not done that.

Do patrons with handguns have to conceal them?
No. While the license is for a “concealed” handgun, state law does not require the person to actually hide their weapon.

May I ask if someone has a CHL?
Please do not ask whether a patron has a CHL.  State law is unclear as to whether anyone other than a law enforcement officer has the right to ask someone if they possess a CHL.

What about other weapons?
ORS 163.370 forbids people from carrying loaded or unloaded firearms or other “instruments used as dangerous weapons” into public buildings. What constitutes an “instrument used as a dangerous weapon” isn’t necessarily clear, but think things like switchblades, long hunting knives, clubs, explosives, etc. Holders of CHLs are exempt from this provision in regards to handguns, as are various other logical individuals (e.g. law enforcement).

What about rifles?
Oregon’s CHL laws address handguns, not other types of firearms.  Non-handgun firearms may be treated in the same regard as other weapons, discussed above. Oregon law defines a handgun as “any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder.” (ORS 166.210)

What if the person has firearms or other weapons in their vehicle or on the grounds?
People are allowed to possess firearms and other weapons in their vehicles and on the grounds; the statutes only apply to actually bringing weapons into the building itself. Plus, half our patrons wouldn’t come to the library during hunting season in rifles weren’t allowed on the grounds. That being said, if a person has a weapon, handgun or not, on library grounds and is behaving erratically or threateningly, call 911 immediately and do not approach them.

So what should I do if a patron comes into the building with a weapon?

·         If the person is behaving erratically or threateningly: Call 911 whether they have a handgun or not and do not approach; safety always come first.

·         If they have a rifle: Call 911 and do not approach. The only exceptions to this are law enforcement and the historic riflemakers who occasionally use the meeting rooms.

·         If they have a handgun and are behaving reasonably: Assume that they have a CHL and do not approach them.

·         If they have a knife and are behaving reasonably: You may gently approach the person and inform them that weapons are not allowed in the library facility. Feel free to ask the Person in Charge to do this if you’re uncomfortable. The vast majority of weapons we’ve seen in the library are hunting knives, so please remember that usually the individual has made a simple mistake and simply forgot they had a knife hanging from their belt.

·         If they have any other type of weapon: Use your judgment, but if scared or in doubt, call 911.

Cheers!
Buzzy Nielsen

******************************
Library Director
Crook County Library
175 NW Meadow Lakes Dr.
Prineville, OR  97754
bnielsen at crooklib.org<mailto:bnielsen at crooklib.org>
(o) 541-447-7978 x301
(m) 971-270-0527

CONFIDENTIALITY NOTICE - This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law.  If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system.




From: Libs-Or [mailto:libs-or-bounces at listsmart.osl.state.or.us] On Behalf Of Sami Pierson
Sent: Wednesday, March 08, 2017 4:21 PM
To: libs-or at listsmart.osl.state.or.us<mailto:libs-or at listsmart.osl.state.or.us>
Subject: [Libs-Or] weapons info

During the weapons discussion at the last PLD meeting someone mentioned sending out the wording on the can and cannots for weapons in the library.  Just having to tell a guy to put away his giant kitchen reminded me. Oh and the trespassing tiers some of you have. Thanks.

--

Sami



Samantha K. Pierson

Library Director

Coos Bay Public Library

525 Anderson

Coos Bay, OR 97420

541-269-1101 x229

http://coosbaylibrary.org


CONFIDENTIALITY NOTICE - This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law.  If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system.
CONFIDENTIALITY NOTICE - This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law.  If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system.
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