State v. Wolf
317 P.3d 377
Or. Ct. App.2013Background
- Statute ORS 166.250 generally prohibits carrying concealed firearms and creates exceptions, including a residence-based exception for adults.
- Defendant was convicted of unlawful possession of a firearm based on carrying a concealed pistol and challenged the trial court’s refusal to give a residence-based jury instruction.
- Trial evidence showed defendant rented a campsite near camp host and other campsites; he had a rifle assembled and stored at the campsite, and a pistol carried concealed on his person when approached by officers.
- Officers questioned defendant at the campsite; he claimed he did not need a permit because the pistol was at his rented property and within its confines.
- Defendant argued the campsite, including unenclosed areas, could be his place of residence under ORS 166.250(2)(b), supporting a residence instruction.
- The court refused the instruction, ruling the only residence could be inside the tent; verdict remained a single unlawful-possession conviction, with acquittals on other counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a residence instruction was warranted under ORS 166.250(2)(b). | Cossette: defendant's theory supported by law and record. | Leslie and statutory text support including outdoor camping areas as residence. | Yes; defendant entitled to instruction. |
| Whether the unenclosed areas of the campsite can be part of a place of residence. | State: only the tent is residence, unenclosed areas excluded. | Place of residence includes outdoor living areas; outdoor areas may be included. | Unenclosed campsite areas can be part of residence if regularly used for living activities. |
| What is the proper interpretation of 'place of residence' under ORS 166.250(2)(b) and its historical development. | Leslie supports a broad functional reading focused on actual living activities. | Statutory history shows broader protection for living where one resides. | Broad, functional interpretation allowed; outdoor areas may be included. |
Key Cases Cited
- State v. Cossette, 256 Or App 675 (2013) (required instruction if supported by evidence and theory of case)
- State v. Leslie, 204 Or App 715 (2006) (place of residence includes mobile living spaces where daily living occurs)
- State v. Perry, 336 Or 49 (2003) (history of ORS 166.250(2)(b) as limited and specific exception)