State v. Jefferson

Defendant was convicted of carrying a loaded firearm in violation of Portland City Code § 14.32.010 and unlawful possession of a firearm, ORS 166.250, after an incident in which officers found a gun on the seat of his car. Defendant told the officers that the gun belonged to his wife, who kept it in the glove box. Before the trial, the police returned the gun to her.

On appeal, defendant first argues that his demurrer to the indictment should have been allowed on the ground that the Portland ordinance has been preempted by state criminal law.1 We answered the same argument contrary to…