Unlawful possession of firearms
Source:
Section 166.250 — Unlawful possession of firearms, https://www.oregonlegislature.gov/bills_laws/ors/ors166.html.
Notes of Decisions
An indictment need not allege that a defendant did not have a license to carry a firearm. State v. McIntire, 22 Or App 611, 540 P2d 399 (1975)
Although it is not unlawful for person to carry firearm openly in belt holster while riding in automobile, other evidence of concealment existed from which finder of fact could have found defendant guilty of violating this section. State v. Fisher, 100 Or App 149, 785 P2d 369 (1990), Sup Ct review denied
Police officer’s use of flashlight to observe defendant in course of legitimate stop for traffic infraction was not search. State v. Evans, 101 Or App 340, 790 P2d 1177 (1990)
“Upon the person” includes bag and its contents while defendant held bag. State v. Anfield, 313 Or 554, 836 P2d 1337 (1992); State v. Finlay, 179 Or App 599, 42 P3d 326 (2002), Sup Ct review denied
Possession by minor was for lawful purpose where minor held reasonable belief possession was necessary for defense against unlawful physical force. State ex rel Juv. Dept. v. Poston, 127 Or App 538, 873 P2d 429 (1994)
State must prove as element of offense that defendant lacks license to carry firearm. State v. Brust, 158 Or App 455, 974 P2d 734 (1999), Sup Ct review denied
Constructive possession of handgun is irrelevant where defendant lacks control of, or direction over, vehicle in which handgun is concealed. State v. Williams, 161 Or App 111, 984 P2d 312 (1999)
Exception provided for possession of concealed weapon at place of business is available only to person having ownership interest in business. State v. Perry, 165 Or App 342, 996 P2d 995 (2000), aff’d 336 Or 49, 77 P3d 313 (2003)
Indictment alleging that defendant possessed handgun “unlawfully” was sufficient to allege that defendant lacked concealed handgun license. State v. Crampton, 176 Or App 62, 31 P3d 430 (2001)
Accessibility of firearm carried in bag, briefcase or suitcase is irrelevant to determination that firearm was carried upon person. State v. Finlay, 179 Or App 599, 42 P3d 326 (2002), Sup Ct review denied
For person to unlawfully possess firearm, person must know that object being carried has nature or characteristics of firearm. State v. Schodrow, 187 Or App 224, 66 P3d 547 (2003)
“Place of residence” refers to where person actually lives, not to legal residence. State v. Leslie, 204 Or App 715, 132 P3d 37 (2006), Sup Ct review denied
“Place of residence” does not have to be fixed and permanent structure. State v. Leslie, 204 Or App 715, 132 P3d 37 (2006), Sup Ct review denied
Person violates prohibition against carrying concealed firearm only if firearm is operational, or can promptly be made operational, at time person allegedly carries firearm concealed. State v. Briney, 345 Or 505, 200 P3d 550 (2008)
Defendant, who possessed rifle and handgun in area immediately outside tent in rented camping space where defendant established temporary kitchen and living space, was within “place of residence” which includes areas regularly used for daily living activities. State v. Wolf, 260 Or App 414, 317 P3d 377 (2013)
Truck, from which defendant removed handgun and that was parked on defendant’s property near defendant’s house, is not “place of residence” because defendant did not use truck for daily living activities. State v. Clemente-Perez, 261 Or App 146, 322 P3d 1082 (2014), aff’d 357 Or 745, 359 P3d 232 (2015)
Defendant possessed concealed and readily accessible handgun “within” vehicle when defendant reached into truck putting some, but not all, of defendant’s body inside truck, and removed handgun from concealed compartment. State v. Clemente-Perez, 357 Or 745, 359 P3d 232 (2015)
Where handgun is placed in driver’s side door pocket of vehicle, gun is concealed because gun’s placement fails to give notice of gun’s presence through ordinary observation to person coming in contact with vehicle occupants. State v. Harrison, 365 Or 584, 450 P3d 499 (2019)
Where, in attempting to purchase firearm, defendant mistakenly believed out-of-state conviction had been expunged, ORS 166.270 did not provide defendant exception or affirmative defense to unlawful possession of firearm under this section because defendant was person with felony conviction. State v. Burris, 309 Or App 167, 481 P3d 319 (2021), Sup Ct review allowed
Law Review Citations
26 WLR 571 (1990)
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