Civil Rights Roundup - September 22, 2010

Published on September 23, 2010
Duration: 14:26

This video details a significant Oregon Supreme Court case concerning the interpretation of concealed carry laws, specifically the 'place of business' exception. It highlights how the court ruled that this exception applied only to business owners, not employees, even when authorized by the owner and in a high-crime area. The discussion emphasizes the importance of precise legal language and the potential for courts to create limitations not explicitly stated in statutes, impacting individuals' rights to self-defense.

Quick Summary

In Oregon, an employee cannot legally carry a concealed firearm at their place of business under the 'place of business' exception, even with owner authorization. The Oregon Supreme Court ruled this exception applies only to business owners, a decision that has significant implications for self-defense rights for employees working in potentially dangerous environments.

Chapters

  1. 00:00Introduction to Oregon Case
  2. 00:13The Carrying Law and Exceptions
  3. 00:18Cast of Characters: Elias Caramanos
  4. 01:04Introducing Employee Morgan Joe Perry
  5. 01:22Firearm Policy at Elias Grocery
  6. 02:14The Incident: Confrontation with Homeless Man
  7. 02:53Police Investigation and Arrest
  8. 03:43Charges: ORS 166.250
  9. 04:05Exceptions to the Law
  10. 04:51Understanding the Exception
  11. 05:07Oregon Constitution Bill of Rights
  12. 05:33Perry's Belief and the Problem
  13. 06:02The Core Issue: Ownership vs. Employment
  14. 06:38Recap of the Incident and Rights
  15. 07:11Conviction in Circuit Court
  16. 08:01Appeals to Oregon Courts
  17. 08:19Oregon Supreme Court Ruling
  18. 08:29Key Issues Raised on Appeal
  19. 09:00NRA Civil Rights Defense Fund Brief
  20. 09:46Absurdity of the State's Position
  21. 10:06Analogy to Place of Residence Exception
  22. 11:13Further Examples from NRA Brief
  23. 12:01Legislative Intent for Business Exception
  24. 12:40Constitutional Discrimination Argument
  25. 13:09Supreme Court Rejects Equal Protection Claim
  26. 13:31Statute vs. Court Interpretation
  27. 13:52Conclusion: A Lost Case
  28. 14:03Final Takeaway: Cautionary Tale

Frequently Asked Questions

What is the 'place of business' exception for concealed carry in Oregon?

Oregon law, specifically ORS 166.250(2)(b), allows U.S. citizens over 18 who are not prohibited persons to carry a handgun concealed at their place of residence or business without a permit. However, the Oregon Supreme Court has interpreted this exception to apply only to business owners, not employees.

Can an employee carry a concealed firearm at their place of business in Oregon?

According to a 2003 Oregon Supreme Court ruling, an employee cannot legally carry a concealed firearm at their place of business under the 'place of business' exception, even if the business owner authorizes it. The court ruled this exception is limited to business owners.

What was the outcome of the Elias Caramanos case regarding concealed carry?

In a case involving Elias Caramanos's employee, Morgan Joe Perry, the Oregon Supreme Court upheld Perry's conviction for unlawful concealed carry. The court determined that Perry, as an employee and not the owner of Elias Grocery Store, could not utilize the 'place of business' exception.

Does the Oregon Constitution protect the right to bear arms for employees?

Yes, the Oregon Constitution, Article 1, Section 27, protects the right to bear arms for self-defense. However, the specific statutory exception for carrying at a 'place of business' has been narrowly interpreted by the courts to exclude employees, despite this constitutional right.

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