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STATE v. CHRISTIAN

080951814; A142137.

274 P.3d 262 (2012)

249 Or. App. 1

STATE of Oregon and City of Portland, Plaintiffs-Respondents, v. Jonathan D. CHRISTIAN, aka Jonathan David Christian, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted En Banc December 6, 2011.

Decided March 21, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Neil F. Byl , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Erika L. Hadlock , Senior Assistant Attorney General, filed the brief for respondent State of Oregon.

Harry Auerbach , Chief Deputy City Attorney, City Attorney's Office, filed the brief for respondent City of Portland.

Before BREWER, Chief Judge, and HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, SERCOMBE, and NAKAMOTO, Judges, and EDMONDS, Senior Judge.

SCHUMAN, P.J.

Defendant was charged with two counts of violating a state law against carrying a concealed firearm, one count of violating a state law against carrying a concealed knife, and two counts of violating a Portland ordinance against carrying a firearm in a public place having recklessly failed to unload it. Before trial, he filed a "demurrer/motion to dismiss," arguing that the concealed firearm statute and the...

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