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State v. Wolf

Summarized by: 

Date Filed: 12-26-2013
Case #: A150380
Hadlock, J. for the Court; Ortega P.J.; and Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A150380.pdf

Criminal Law: The “place of residence” exception to ORS 166.250 includes temporary residences and areas outside of residential structures.

Defendant appealed a jury conviction for unlawful carrying of a concealed firearm under ORS 166.250(1)(a).  Defendant was arrested after he was found in possession of a pistol for which he did not have a permit.  Defendant was carrying the pistol in his pocket, while he was standing outside his tent at a campsite he had rented for the week.  At trial Defendant requested that the jury be given instructions regarding the “place of residence” exception to the law against carrying a concealed firearm. The trial court declined to instruct the jury on this exception. On appeal Defendant contended that the campsite was his place of residence and that the court erred by not instructing the jury about the exception. The State argued that the campsite was not Defendant’s residence, because the campsite was only temporary and he was found in possession of the firearm outside of the tent.  The Court held that the campsite, including the area outside of the tent was the defendant’s residence.  The Court ruled that the legislature intended the exception to include temporary residences, and included areas not confined to interiors of residential structures. Conviction for unlawful possession of a firearm reversed and remanded; otherwise affirmed.