State v. Smoot

Defendant appeals from a conviction for carrying a concealed weapon, a switchblade knife, in his trouser pocket. ORS 166.240. He argues that ORS 166.240(1) is unconstitutional, because it violates Article I, section 27, of the Oregon Constitution. 1 We affirm.

ORS 166.240(1) provides, in relevant part:

“[A]ny person who carries concealed upon the person any knife having a blade that projects or swings into position by force of a spring or by centrifugal force and commonly known as a switchblade knife * * * commits a Class B misdemeanor.”

Defendant argues that the statute is unconstitutional,…