In multiple losses, a victory for gun rights
by: Ryan • August 15, 2013 • no comments
Today's Oregon Supreme Court opinions won't be issued for another ten minutes, but the press releases have been. While both Mr. Christian and Mr. Stark lost, the OSC has apparently decided -- in State v Stark -- that a new judgment, granting misdemeanor treatment, would supercede the old judgment and mean that the person was no longer considered, for the crime of felon in possession, "a person who had been convicted of a felony."
Again, this would require a new "judgment", not merely an order granting "misdemeanor treatment." But it would appear to be a very simple and efficient way to restore gun rights, if the former felon is otherwise eligible.
It will likely require reading the full opinion in State v Christian to figure out the mechanics, but the court apparently will require "as-applied" challenges to the charge of unlawful possession of a firearm (and by extension, unlawful possession of a weapon) under Article I, section 27, of the Oregon Constitution. This appears to be another example of the court essentially rejecting a facial challenge and noting the defendant's failure to argue the issue as applied. For a previous discussion of the same dynamic in the context of felon in possession of a firearm, see this post.
