A Book from the Library of Defense

Oregon Supreme Court, October 10, 2019

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by: Rankin Johnson • October 18, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

CONCEALED WEAPONS — Definition of 'concealed.'

A gun is 'concealed' in a vehicle if its placement does not give reasonable notice of its presence through ordinary observation to people coming in contact with the vehicle and communicating in a manner typical of such contact. Affirmed.

The court rejected defendant's arguments that 'concealed' carried a requirement of willfulness and that an object is not concealed if it is visible from a lawful vantage point. The court also rejected the state's argument that an object is concealed if it is not visible from some lawful vantage points. From reviewing legislative history, the court concluded that the purpose of Oregon's concealed-weapons statute is to give notice to the public that a person is carrying a weapon.

State v. Harrison 365 Or 584 (October 10, 2019) (Garrett) (Douglas County, Marshall)