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STATE v. VASQUEZ-RUBIO

CC 93CR-1865; CA A82384; SC S42557.

917 P.2d 494 (1996)

323 Or. 275

STATE of Oregon, Petitioner on Review, v. Javier VASQUEZ-RUBIO, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided June 7, 1996.

Attorney(s) appearing for the Case

Robert B. Rocklin, Assistant Attorney General, Salem, argued the cause on behalf of petitioner on review. With him on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Irene B. Taylor, Deputy Public Defender, Salem, argued the cause on behalf of respondent on review. With her on the brief was Sally L. Avera, Public Defender, Salem.

UNIS, Justice.

Under Oregon statutory law, "[a] person commits the crime of unlawful possession of a machine gun * * * if the person knowingly possesses any machine gun * * * not registered as required under federal law." ORS 166.272.

The issue in this case is whether the state is required to prove as an element of that crime that the machine gun that defendant knowingly possessed was "not registered as required under federal law" or whether, instead, the...

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