State v. Burris

“ORS 166.270(4) states an affirmative defense to the felony offense described in ORS 166.270. That affirmative defense explicitly applies only to the felony offense described in ORS 166.270(1), and there is no similar provision with respect to the misdemeanor offense of unlawful possession of a weapon set forth in ORS 166.250.”

Defendant appealed convictions for ORS 166.416, providing false information in relation with a transfer of a firearm, and ORS 161.405, ORS 166.250, attempted unlawful possession of a firearm. Defendant asserts the trial court erred by denying a motion in limine and argued that he wanted to present evidence on an affirmative defense available under ORS 166.270(4). Specifically, that Defendant finished serving his probationary sentence on a felony conviction greater than 15 years prior and it did not encompass homicide or use of a weapon. “ORS 166.270(4) states an affirmative defense to the felony offense described in ORS 166.270. That affirmative defense explicitly applies only to the felony offense described in ORS 166.270(1), and there is no similar provision with respect to the misdemeanor offense of unlawful possession of a weapon set forth in ORS 166.250.” The Court held the denial was proper because ORS 166.270(4) does not provide for an exception or affirmative defense for ORS 166.250 and ORS 166.260 states the list of exclusive affirmative defenses for ORS 166.250. Affirmed.