State v. Abram

Defendant appeals a judgment of conviction for unlawful possession of a firearm. ORS 166.250. Under ORS 166.250(1), a person commits that crime by, among other things, knowingly carrying “any firearm concealed upon the person.” For purposes of that statute, “[flirearms carried openly in belt holsters are not concealed.” ORS 166.250(3). Defendant assigns error to the trial court’s failure to instruct the jury that “the state must prove beyond a reasonable doubt * * * that the firearm was not carried openly in a belt holster.” As explained below, we conclude that the trial court so erred and,…