State v. Warden

Defendant was cited for casting light from a motor vehicle while armed, in violation of ORS 166.663. He demurred to the charge on the grounds that ORS 166.663 was unconstitutionally vague and overbroad. After a hearing, the trial court granted the demurrer based on its conclusion that the statute was overbroad. The state appeals, arguing that the trial court erred in concluding that ORS 166.663 unconstitutionally infringed on defendant’s right to bear arms. Or Const, Art I, § 27. We reverse.

An overbroad statute is one that is so broad that it “reaches conduct which may not be prohibited.”…