State v. Ziska / Garza

A person commits the crime of unlawful use of a weapon if he or she ££[a]ttempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon.” ORS 166.220(l)(a). The issue presented in these two consolidated cases is the meaning of the term “use” in that statute. Defendants contend that the statute applies only when a person carries or possesses a weapon with the intent to “use” the weapon by actually employing it to injure another. The state argues that the statute also applies when a person carries or possesses a…