State v. Vasquez-Rubio

Defendant appeals from his conviction for unlawful possession of a machine gun. ORS 166.272. We reverse.

Police lawfully searched defendant’s home and seized several weapons. Later, the state charged him with unlawful possession of a machine gun. At trial, there was evidence that one of the weapons the police seized was a machine gun. See ORS 166.210(5). After the state rested, defendant moved for a judgment of acquittal. He argued that one element of the crime of unlawful possession of a machine gun is that the gun was not registered as required under federal law, and that the state had…