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Oregon Department of Administrative Services Extends Public Comment Period on Proposed Rule Changes!

Tuesday, December 23, 2008

DAS to Consider New Rules to Allow Employees & Visitors to Transport and Store Lawfully-Owned Firearms in Motor Vehicles Parked on Certain State Properties

As we have reported, the Department of Administrative Services (DAS), the central administrative agency of Oregon government that rents, manages or operates a majority of state office buildings, is accepting written comments on proposed rules to remedy conflicts between the state firearms preemption law and their current policies banning the possession of firearms on premises under their control.  We would like to report that the comment period has been extended until Wednesday, December 31. 

Gun owners in Oregon are familiar with the state’s preemptions statutes which proclaim, "Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly."  Simply put, if the Oregon Legislature has not voted to prohibit the possession of firearms in certain places, a state agency, city council, county commission, or school district cannot pass a rule or ordinance to that effect.  However, as we know too well, that has not stopped these entities from attempting to pass and enforce such regulations, even though they have no legal authority to do so.

The amended rule would state that the possession of firearms on the grounds, parking lots or premises of any building under DAS control would be governed by federal and state laws. 

If the proposed rule is adopted, myriad unlawful agency restrictions on transporting and storing lawfully owned firearms in private motor vehicles will be overturned, and prohibitions on Concealed Handgun Licensees carrying for personal protection in many state buildings will be removed as well. 

Please click here to view a copy of the proposed rules.

Please submit written comments IN FAVOR of the proposed rule changes by Wednesday, December 31.  Comments can be sent via email to yvonne.hanna@das.state.or.us or by U.S. Mail to:

Rules Coordinator
Department of Administrative Services, Facilities Division
1225 Ferry Street SE U100
Salem, OR  97301-4082

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.