State v. Gerlack

Defendant appeals his conviction for unlawful possession of a firearm. ORS 116.250((l)(b). He assigns as error that the court denied his motions for judgment of acquittal. We affirm.

Defendant concedes that the state proved that he carried a firearm concealed upon his person. The issue is whether the state also had the burden to prove that defendant did not have a license to carry that firearm. ORS 166.250(1) (b) provides:

“(1) Except as otherwise provided in this section, ORS 166.260, 166.270, 166.280, 166.290 or 166.410 to 166.470, a person commits the crime of unlawful possession of a…