State v. Kessler

The defendant in this case was convicted of "possession of a slugging weapon,” ORS 166.510(1). We allowed review to consider his claim that the legislative prohibition of the possession of a "billy” 2 in ORS 166.510(1) violates Article I, section 27, of the Oregon Constitution. That provision states:

"The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power.”

The language of this provision raises several questions in this case, including:(a) To whom does the right belong?(b) What is…