State v. Christian

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Constitutional Law
  • Date Filed: 03-21-2012
  • Case #: A142137
  • Judge(s)/Court Below: Schuman, P.J. for the Court; En Banc; Edmonds, S.J. and Armstrong, J. dissenting.
  • Full Text Opinion

Portland City Code 14A.060.010(A), which prohibits carrying a firearm in a public place "recklessly having failed to remove all the ammunition," is facially constitutional under the Oregon Constitution Article I § 27 and the Second Amendment to the United States Constitution because it does not punish protected activity in a significant number of circumstances.

Defendant appealed the trial court's denial of a demurrer and motion to dismiss. Defendant's sole assignment of error, after his subsequent conviction under Portland City Code 14A.060.010(A), was that the ordinance was unconstitutional on its face under Article I § 27 of the Oregon Constitution and the Second Amendment of the U.S. Constitution. The Portland City Code mandated against carrying a loaded firearm in a public place. The Court found the ordinance was narrowly drawn to punish a person who recklessly failed to unload their weapon knowing they will carry or have carried their weapon in a public place and that it may cause substantial harm. The Court also held the Portland ordinance was constitutional under the Oregon Constitution because it was not overbroad and did not prohibit constitutionally protected activities in a significant number of circumstances. Finally, the ordinance was constitutional under the stricter federal standards for Second Amendment challenges because it was not unconstitutional under every conceivable application. Affirmed.

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