State v. Harrison

To be a concealed weapon under ORS 166.250(1)(b) “an object need not be completely hidden from view Instead, a weapon may also be ‘concealed’ within the meaning of the statute even if it is recognizable for what it is if there is also evidence of an imperfect attempt to prevent it from being discovered or recognized.” State v. Turner, 221 Or App 621, 627, 191 P3d 697 (2008).

Defendant appealed a judgment of conviction for unlawful possession of a firearm. Defendant assigned error to the trial court’s denial of her motion for judgment of acquittal. On appeal, defendant argued that there was insufficient evidence that her weapon was concealed or that she knowingly concealed it. In response, the state argued there was sufficient evidence. To be a concealed weapon under ORS 166.250(1)(b) “an ‘object need not be completely hidden from view.’ Instead, a weapon may also “be ‘concealed’ within the meaning of the statute even if it is recognizable for what it is if there is also evidence of an imperfect attempt to prevent it from being discovered or recognized.” State v. Turner, 221 Or App 621, 627, 191 P3d 697 (2008). The Court of Appeals held that Defendant had made an imperfect attempt at hiding the weapon. Affirmed.