State v. Clemente-Perez

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 02-20-2014
  • Case #: A147753
  • Judge(s)/Court Below: Sercombe, J. for the Court; Ortega, P.J; and De Muniz, J.
  • Full Text Opinion

A person’s “place of residence” under ORS 166.250(2)(b) may encompass temporary structures and outdoor areas adjacent to temporary structures if used for daily living activities. The courts look to evidence of a person’s actual use to determine if it is used for daily living activities.

Defendant appealed conviction of unlawful possession of a firearm. Defendant was arrested after retrieving a handgun from his truck and shooting his wife’s cell phone. The truck was parked outside Defendant’s home under a stand-alone awning. After the shooting, Defendant wrapped the gun in a towel and placed it in the cab of his truck. Defendant moved for acquittal arguing that this area fell within the "place of residence" exception. The trial court denied Defendant's motion. ORS 166.250(2)(b) expressly allows the possession of a concealed handgun in a person’s “place of residence” without a permit or license. A person’s “place of residence” may encompass temporary structures and outdoor areas adjacent to temporary structures if used for daily living activities. The courts look to evidence of a person’s actual use to determine if it is used for daily living activities. Defendant provided no evidence regarding the use of the awning other than its proximity and did not argue that his truck was his place of residence. Therefore a jury could find beyond a reasonable doubt that the truck and awning were not his place of residence. Affirmed.

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