section 27 right to bear arms (Oregon) · Go Syfert
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section 27 right to bear arms in Oregon

6 Oregon opinions name it 2 courts 1985–2025 1 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Aymette v. Stategreen
tenn · 1840 · cited in 1 Oregon opinions naming this issue, 2012–2012
1 sentence

2012See 21 Tenn. 154 , 1840 WL 1554 , *6.

11
State v. Stevensgreen
orctapp · 1992 · cited in 1 Oregon opinions naming this issue, 2000–2000
2 sentences

2000See State v. Stevens, 113 Or App 429 , 833 P2d 318 (1992) (convicting a person arrested in his *349 place of residence for possession of a concealed switchblade infringes on the defendant’s right to bear arms under Article I, section 27).

2000See State v. Stevens, 113 Or App 429 , 833 P2d 318 (1992) (convicting a person arrested in his *349 place of residence for possession of a concealed switchblade infringes on the defendant’s right to bear arms under Article I, section 27).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
State v. Christian green
or · 2013
2 sentences

2025We conclude that all of Measure 114 is facially constitutional under Article I, section 27, based on the established legal test set out in State v. Christian, 354 Or 22 , 307 P3d 429 (2013).2 Accordingly, we reverse.

2025We conclude that all of Measure 114 is facially constitutional under Article I, section 27, based on the established legal test set out in State v. Christian, 354 Or 22 , 307 P3d 429 (2013).2 Accordingly, we reverse.

12025–2025
State v. Hirsch/Friend red
or · 2005
2 sentences

2012Id.

2012Id.

12012–2012
State v. Delgado green
or · 1984
2 sentences

2005In discussing the right to bear arms under Article I, section 27, the court held, “The appropriate inquiry in the case at bar is whether a kind of weapon, as modified by its modern design and function, is of the sort commonly used by individuals for personal defense *121 during either the revolutionary and post-revolutionary era, or in 1859 when Oregon’s constitution was adopted.” State v. Delgado, 298 Or 395, 400-01 , 692 P2d 610 (1984) (emphasis added).

2005In discussing the right to bear arms under Article I, section 27, the court held, “The appropriate inquiry in the case at bar is whether a kind of weapon, as modified by its modern design and function, is of the sort commonly used by individuals for personal defense *121 during either the revolutionary and post-revolutionary era, or in 1859 when Oregon’s constitution was adopted.” State v. Delgado, 298 Or 395, 400-01 , 692 P2d 610 (1984) (emphasis added).

12005–2005
State v. Kessler green
or · 1980
2 sentences

1988The court concluded that the challenge was sufficient to raise the question, which it had recently decided in State v. Kessler, 289 Or 359 , 614 P2d 94 (1980), whether the statutory proscription abridged the right to bear arms under Article I, section 27, of the state constitution.

1988The court concluded that the challenge was sufficient to raise the question, which it had recently decided in State v. Kessler, 289 Or 359 , 614 P2d 94 (1980), whether the statutory proscription abridged the right to bear arms under Article I, section 27, of the state constitution.

11988–1988
State v. Warner green
or · 1985
2 sentences

1985On appeal, defendant abandoned his claim that the statute violates Article I, section 11, of the Oregon Constitution. 3 The Fourteenth Amendment to the Constitution of the United States provides: “* * * nor shall any State deprive any person of life, liberty, or property, without due process of law; * * *” 4 See State v. Warner, 298 Or 640, 643-4 , nn 1 and 2, 696 P2d 1052 (1985) (complete list of burglar’s tool statutes). 5 One other state, Minnesota, recognizes the possession of “a tool to gain access to money or property” as an element of the crime of burglary in the second degree.

1985On appeal, defendant abandoned his claim that the statute violates Article I, section 11, of the Oregon Constitution. 3 The Fourteenth Amendment to the Constitution of the United States provides: “* * * nor shall any State deprive any person of life, liberty, or property, without due process of law; * * *” 4 See State v. Warner, 298 Or 640, 643-4 , nn 1 and 2, 696 P2d 1052 (1985) (complete list of burglar’s tool statutes). 5 One other state, Minnesota, recognizes the possession of “a tool to gain access to money or property” as an element of the crime of burglary in the second degree.

11985–1985

Where else courts name it

OR 6 (1985–2025) PA 3 (1975–2018) NC 3 (2024–2025) NY 3 (1983–2012) MA 2 (1983–2003) IN 2 (1911–2009) ND 2 (1982–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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