ORS 166.240
Carrying of concealed weapons


(1)

Except as provided in subsection (2) of this section, any person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, slungshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person, commits a Class B misdemeanor.

(2)

Nothing in subsection (1) of this section applies to any peace officer as defined in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450), whose duty it is to serve process or make arrests. Justice courts have concurrent jurisdiction to try any person charged with violating any of the provisions of subsection (1) of this section. [Amended by 1977 c.454 §1; 1985 c.543 §2; 1989 c.839 §21; 1999 c.1040 §15]

Notes of Decisions

This section is not unconstitutionally vague as construed, and prohibits the concealed carrying of nunchaku sticks. State v. Tucker, 28 Or App 29, 558 P2d 1244 (1977), Sup Ct review denied

“Sportman’s” knife with three and one-half inch blade which folded manually into handle but locked when fully open was “ordinary pocketknife” under any construction of this section. State v. Pruett, 37 Or App 183, 586 P2d 800 (1978)

Word, “ordinary” in this section modifying word, “pocketknife” was unconstitutionally vague, so statute was construed to prohibit carrying of any knife other than a pocketknife; modifying City of Portland v. Elston, 39 Or App 125, 591 P2d 406 (1979). State v. Harris 40 Or App 317, 594 P2d 1318 (1979)

Pocketknife, within meaning of this section, included a folding blade 4 and 3/4 inches in length. State v. Strong, 41 Or App 665, 598 P2d 1254 (1979)

Weapon (knife) concealed in vehicle, rather than on defendant’s person was not concealed “about his person” within meaning of this section. State v. Crumal, 54 Or App 41, 633 P2d 1313 (1981)

Because switchblade is type of pocketknife and it is not illegal under this section to carry concealed pocketknife, it cannot be illegal to carry concealed switchblade. State v. Ramer, 65 Or App 480, 671 P2d 723 (1983)

Where defendant was indicted and convicted for carrying “concealed about his person a six inch Survival Knife, not an ordinary pocketknife,” this section, as applied to facts, was not unconstitutionally vague and overbroad. State v. Witherbee, 79 Or App 36, 717 P2d 661 (1986)

In order to save this section from constitutional vagueness challenge, it must be construed to require that concealed weapon be similar to one of objects enumerated in section and designed or intended for use as weapon. State v. Boswell, 88 Or App 344, 745 P2d 436 (1987)

Knife carried openly in sheath on belt is not concealed. State v. Johnson, 96 Or App 166, 772 P2d 426 (1989)

Statute regulating only manner of possession not constitutional right to possess switchblade knife being reasonably related to public safety, does not violate Article I, section 27 of Oregon Constitution. State v. Smoot, 97 Or App 255, 775 P2d 344 (1989)

This section was amended in 1985 to exclude reference to carrying a concealed knife in absence of any intended unlawful use against person. City of Portland v. Lodi, 308 Or 468, 782 P2d 415 (1989)

Defendant did not violate this section in carrying switchblade knife while handcuffed and removed from home by officers executing arrest warrant. State v. Stevens, 113 Or App 429, 833 P2d 318 (1992)

Knife is “dirk” or “dagger” or similar instrument only if designed specifically for stabbing. State v. McJunkins, 171 Or App 575, 15 P3d 1010 (2000)

Weapon is concealed if not readily identifiable as weapon or if person attempts to obscure fact person is carrying weapon. State v. Turner, 221 Or App 621, 191 P3d 697 (2008)

“Instrument” means any item designed and intended to inflict injury on person or property of another. State v. Ruff, 229 Or App 98, 211 P3d 277 (2009), Sup Ct review denied

Chapter 166

Law Review Citations

51 OLR 427-637 (1972); 69 OLR 169 (1990)


Source
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May. 15, 2020