STATE v. PERRY

(CC 98-01-40848; CA A102784; SC S48330).

77 P.3d 313 (2003)

336 Or. 49

STATE of Oregon, Respondent on Review, v. Morgan Joel PERRY, Petitioner on Review.

Supreme Court of Oregon.

Decided October 9, 2003.


Attorney(s) appearing for the Case

Leland R. Berger, Portland, argued the cause and filed the brief for petitioner on review.

Erika L. Hadlock, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Daniel M. Zavadil, Fairfax, Virginia, filed the brief for amicus curiae National Rifle Association of America Civil Rights Defense Fund.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, and BALMER, Justices.


BALMER, J.

Defendant was charged with unlawful possession of a firearm, ORS 166.250, for carrying a concealed weapon without a license while working as an employee at a convenience store. As a defense to that charge, defendant argued that his actions fell within the statutory "place of business" exception to the general requirement that persons carrying concealed weapons must have a license. The trial court rejected that argument, concluding that the exception did...

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