State v. Hirsch

Defendant appeals a judgment of conviction for felon in possession of a firearm. ORS 166.270(1). He assigns error to the overruling of his demurrer to the indictment, arguing that ORS 166.270(1) violates his right to bear arms guaranteed by Article I, section 27, of the Oregon Constitution. We affirm.

While on probation for a prior felony conviction, defendant brought a rifle into a gun shop to have it bore-sighted. He was arrested and charged by indictment with felon in possession of a firearm. At trial, he demurred to the indictment on the ground that the statute that was the basis for the…