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STATE v. HIRSCH/FRIEND

No. (CC 99CR2684FE, 99CR1105FE; CA A109091, A108859; SC S49370, S49371).

114 P.3d 1104 (2005)

338 Or. 622

STATE of Oregon, Respondent on Review, v. Mark Lee HIRSCH, Petitioner on Review. State of Oregon, Respondent on Review, v. Lawrence Aaron Friend, Petitioner on Review.

Supreme Court of Oregon.

Decided June 23, 2005.

Attorney(s) appearing for the Case

Susan F. Drake, Deputy Public Defender, Salem, argued the cause for petitioners on review. With her on the briefs were Walter J. Ledesma, Deputy Public Defender, and David E. Groom, Public Defender.

Rolf C. Moan, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

DURHAM, J.

In these two criminal cases, consolidated for purposes of review, the trial court convicted each defendant of the crime of felon in possession of a firearm, ORS 166.270(1).1 Defendants contend that ORS 166.270(1) is facially unconstitutional because that statute infringes on the right to bear arms guaranteed under Article I, section 27, of the Oregon Constitution.

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