Petition to maintain and protect the right to self defense of all residents and citizens, through the lawful open carry of loaded firearms in Corvallis, Oregon

WHEREAS, The right to self defense is recognized as an ancient, natural, inalienable, civil right of all people;

WHEREAS, The Second Amendment (the Bill of Rights) to The Constitution of the United States of America enumerates and codifies that:

“the right of the people to keep and bear Arms, shall not be infringed.”;

WHEREAS, Article 1, Section 27 of The Constitution of Oregon provides:

Right to bear arms; military subordinate to civil power. 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[.];

WHEREAS, recent rulings of the Supreme Court of The United States (Heller; McDonald) have concluded that  “the Second Amendment codified a pre existing, individual right to keep and bear arms and that the “central component of the right” is “self-defense”; and that  “After all, self-defense, recognized since ancient times as a “basic right,” is the “central component” of the Second Amendment guarantee. Id. Consequently, that right restricted not only the federal government but, under the Fourteenth Amendment, also the states.”;

WHEREAS, a January 13 2014 ruling of the 9th Circuit Court finds that “To put it simply, concealed carry per se does not fall outside the scope of the right to bear arms; but insistence upon a particular mode of carry does.”;

WHEREAS, The Oregon Supreme Court recently held that Article I, Section 27 of the Oregon Constitution “permits” regulations restricting the possession and use of weapons only to an extent necessary to promote the public safety and which does not unduly frustrate the individual right to bear arms for the purpose of self-defense;

WHEREAS, THE CITY OF CORVALLIS has never had a crime committed by someone open carrying a firearm (in living memory) and as Councilor Hogg reminds us “...nobody has been hurt, nobody has been threatened. It’s a symbolic issue...” clearly demonstrates that there is absolutely no necessity to 'restrict the possession of weapons to promote the public safety' as required by State law;

WHEREAS, Oregon Revised Statutes do not make provision for adults under 21 years of age or for legal alien resident non-citizens to apply for a concealed weapons permit; a loaded open carry ban such as that being considered by THE CITY OF CORVALLIS would serve to unlawfully deny said parties of any legally compliant opportunity to exercise their lawful natural right to self defense outside the home, and thus clearly and “unduly frustrate the individual right to bear arms”;

WHEREAS, CPD Chief Sassaman stated on the record “ ...the City cannot legislate a greater authority that does not currently exist. CPD abides by all statutes related to stop/frisk; search/seizure; 1st, 4th, 5th, and  14th Amendments; etc. Officers do not have the ability to stop someone openly carrying a firearm to see if the weapon is loaded.”  Passage of a loaded open carry ban such as that considered by THE CITY OF CORVALLIS would serve only to put CORVALLIS City's peace officers into situations of unnecessary conflict (and/or coercion) with with both lawful residents and citizens, and their solemn oaths and consciences, thus leaving THE CITY OF CORVALLIS and individual officers open to the consequences of lawsuits for violation of individual rights protected specifically by both the 2nd and 4th Amendments to the Bill of Rights.



WHEREAS, Chapter 2, Section 4 of The Charter of The City of Corvallis provides:

   

“Responsibility to All People. The City shall exercise its power to ensure the equal protection, treatment, and representation of all persons without discrimination... Corvallis is a community that honors diversity and diverse interests, and aspires to be free of prejudice, bigotry, and hate.”

WHEREAS, that nowhere in The City's Charter does it grant the municipal corporation, it's officers, staff or agents the authority or mandate to infringe the natural, lawful rights of residents and citizens or otherwise persecute some at the bequest of others or otherwise attempt to modify residents' and citizens' behavior based on fallacious concepts such as “community values”;

WHEREAS, no group of residents and citizens has the lawful or moral authority to dictate to and attempt control the peaceful and lawful behavior of others, even and especially if the actions/choices/behaviors are those of a minority, no matter how distasteful or unpalatable they may be to others;

WHEREAS, many residents and citizens residing in The City of Corvallis pride themselves on open-hearted, open-minded “tolerance”  the definition: “willingness to accept feelings, habits, or beliefs that are different from your own” (Merriman-Webster), reminds us that “tolerance' is a two way street.

We, the undersigned, demand The Council of THE CITY OF CORVALLIS protect and maintain the lawful right of residents and citizens to openly carry loaded firearms by:

(a) passing no ordinance that would in any way infringe the lawful right to openly carry loaded firearms; and

(b) passing a resolution re-committing the municipality of THE CITY OF CORVALLIS and its Board Members, Officers, and Staff to upholding and protecting all the rights of all residents and citizens such that their confidence be restored in this institution and in its serving board members.