State v. Perrin

Defendant appeals from his conviction of felon in possession of a restricted weapon and attacks the constitutionality of ORS 166.270(2). Among other things, the statute prohibits a person who has been convicted of a felony from possessing “an instrument or weapon commonly known as a blackjack.” Defendant makes multiple assignments of error, one of which is dispositive. We reverse.

Defendant has previously been convicted of the crimes of robbery in the first degree and robbery in the second degree. On July 14, 1995, the motor vehicle driven by defendant was stopped for having a burned out…