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Trickle-down...

2K views 20 replies 13 participants last post by  M4finny 
#1 ·
Oregon now requires a passport or birth certificate, in addition to the previous criteria, for new or renewal CHL applications. I wasn't aware of this little nugget of legislative action until I called to make an appointment to renew my CHL. This requirement became law in December, 2011.

It is what it is. I get it! Just thought it was a bit humorous that now, all of a sudden, Oregonians who have previously been issued CHLs and have been carrying for decades are now required to prove citizenship...

This may be SOP for other states, but it's a new here. The up side is that if you are an Oregonian with a CHL, you are a U.S. citizen too!
 
#2 ·
I will bet you don't need a birth certificate to get on the ballot for the office of President.;)
 
#3 ·
Interesting, I wonder how that works with permanent residents / green card holders and the recent court ruling (in the other thread) that ATF can't treat citizens and PRs differently.

My brother is a director of one of the Universities here in KY and we have a number of friends that are British and other nationals but are PRs. Kentucky enacted a similar citizenship requirement for their concealed carry some time back but I think the court struck it down. Case was 3:07-CV-377-R I think but don't quote me on that.
 
#4 ·
Do you have a link to something to back up your claim? From your post, I don't see any requirement to be a U.S. citizen, only a new requirement to provide more definitive ID (similar to what the DMV currently requires). A passport or birth certificate don't make you a U.S. citizen. From what I can find out, this is the law as it now stands -

Note 2: The amendments to 166.291 by section 10, chapter 826, Oregon Laws 2009, become operative January 2, 2012. See section 14, chapter 826, Oregon Laws 2009, as amended by section 23, chapter 826, Oregon Laws 2009. The text that is operative on and after January 2, 2012, is set forth for the user’s convenience.

166.291. (1) The sheriff of a county, upon a person’s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person:

(a)(A) Is a citizen of the United States; or

(B) Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;


http://www.leg.state.or.us/ors/166.html

L.
 
#5 ·
Being that I am a legal citizen I dont have a problem with any of this whatsoever

I was born and raised in the USA and am proud of it

Having to have a piece of paper is not an inconvenience to me nor should it be for anyone else that is a citizen, unless they have something to hide
 
#8 ·
It's not SOP because a passport or birth cert are not proof of state residency. That's all the state can/should be concerned with, unless they don't trust their own issuance of such ID.

I'd also like to see the law. Can you provide a link to it? I can dig around Texas law easy enough, but figure you can get to yours quicker if you're familiar with it. :)
 
#9 ·
As I said, I think this is just a stepped up requirement for ID. It's along the lines of what the Oregon DMV is doing, I renewed my driver's license three months ago, I had to present my birth certificate, I believe a passport would've also been acceptable. I believe there are other requirements to prove residency for the CHL.
 
#12 ·
Our state stepped up the ID requirements within the last couple of years - said it was a federal mandate having to do with homeland security. Had to prove residence and citizenship. Birth Certificate or Passport (BC required for issuance) required. Needed a SS card too. All sorts of ugly little bureaucratic nightmares arose, particularly for the elderly and somewhat for women with name changes and there were also problems with SS cards without full names (no initials allowed) or maiden names. If you think sitting and waiting for DMV is fun, try waiting at the regional SS office. A real eye opener.
 
#17 · (Edited)
Well, to address your original post, the statement -
Oregon now requires a passport or birth certificate, in addition to the previous criteria, for new or renewal CHL applications.
is not correct. Those are merely two forms of ID that are acceptable. There is also no requirement to be a U.S. citizen, nor does Douglas County state that. Please see the excerpt from the state statute I linked above.
L.
 
#15 ·
I imagine it has something to do with the Real ID act or its expected replacement. "National Security" and all that. FWIW, we have to "prove" who we are to get a DL in Nevada, which might explain why we don't have to do so for CCW. Could be Nevada hasn't caught up too.

Robert
 
#18 ·
L.E.,

You stated: "There is also no requirement to be a U.S. citizen, nor does Douglas County state that."

Please direct your attention to the third paragraph on the previously noted link. It's the one that begins with: "To qualify for..." You may find the second bullet item of interest.

Since I've not been immigrated or naturalized, I'll be working with the US citizen part, which brings me back to where I started.
 
#19 ·
I did read it. Be a US citizen or meet Immigration and Naturalization requirements
Do you understand the meaning of the word "or"?

Your original post is erroneous. As far as I have been able to tell, Oregon does not require a passport or birth certificate, however those are listed among the acceptable types of identification by Douglas County. You may use others if they meet the requirements. Oregon also does not require that you be a U.S. citizen. You may be a U.S. citizen, or (B) Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license; This is from the statute, ORS 166.291. It's also presumably what the Douglas County website is attempting to say in fewer words.

However, as in my very first post, I am still curious if Oregon has adopted stepped-up requirements for identification purposes across the board, outside of ORS 166.180-166.710, which are specific to concealed carry, and firearms, etc.
L.
 
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