State v. Christian
307 P.3d 429
Or.2013Background
- In 2008, Christian was convicted on several firearms-related charges arising from possessing loaded handguns and a knife in a Portland public place.
- He challenged PCC 14A.60.010, which bans carrying a loaded firearm in public unless unloaded, as facially overbroad under Article I, section 27 and the Second Amendment.
- The Court of Appeals affirmed, holding the ordinance was not overbroad and did not violate the Second Amendment.
- The City of Portland enacted PCC 14A.60.010 under ORS 166.173(1), defining public places consistent with ORS 161.015.
- The ordinance includes 14 exceptions/defenses and uses state-law definitions of knowingly and recklessly; the dispositive issue was the meaning and reach of “recklessly.”
- The Oregon Supreme Court ultimately held the ordinance constitutional under Article I, section 27 and the Second Amendment, adopting a construction that limits liability to knowingly possessing or carrying a loaded firearm in public, with exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PCC 14A.60.010 is overbroad under Article I, section 27 | Christian argues overbreadth, infringing the right to bear arms | City/amicus contend overbreadth challenges are not cognizable under Article I, §27 | Overbreadth challenges are not cognizable under Article I, §27; overrule Blocker and Hirsch/Friend. |
| Whether PCC 14A.60.010 can be upheld as facially constitutional under Article I, §27 | Law is facially overbroad | There exists a constitutionally possible application; facial challenge should fail | The ordinance is not facially unconstitutional; it can be constitutionally applied in certain circumstances. |
| Whether PCC 14A.60.010 complies with the Second Amendment under intermediate scrutiny | Ordinance infringes Second Amendment rights | Regulation is permissible; not an absolute ban | Under intermediate scrutiny, the ordinance is substantially related to public safety and passes the test. |
Key Cases Cited
- State v. Kessler, 289 Or 359 (1980) (recognizes regulation of manner of possession for public safety under Art I, §27)
- State v. Blocker, 291 Or 255 (1981) (overbreadth concept applied to Article I, §27 in context of mere possession cases)
- Hirsch/Friend, 338 Or 622 (2005) (overbreadth recognized in Article I, §27 context for felon in possession case; discusses limits of overbreadth doctrine)