State v. Parras

A statute restricting Second Amendment rights is only constitutional if consistent with the nation’s history of regulating firearms. New York Rifle & Pistol Assn. v. Bruen, 597 US ___, 142 S Ct 2111, 213 L Ed 2d 387 (2022).

ORS 166.270 provides that convicted felons may not possess or own a firearm. Defendant appealed his conviction under the statute, assigning error to the trial court's denial of his motion for judgment of acquittal. Defendant argued that ORS 166.270 was unconstitutional under District of Columbia v. Heller, 554 US 570, 128 S Ct 2783, 171 L Ed 2d 637 (2008). A statute restricting Second Amendment rights is only constitutional if consistent with the nation’s history of regulating firearms. New York Rifle & Pistol Assn. v. Bruen, 597 US ___, 142 S Ct 2111, 213 L Ed 2d 387 (2022). The Court reasoned that, at the time when the Second Amendment was framed, firearms were not prohibited from possession by felons. However, the Court reasoned that because those who committed serious crimes did not have Second Amendment protections at the time when the Second Amendment was framed, statutes criminalizing felons in possession of firearms are therefore consistent with the nation's history. Thus, the Court held ORS 166.270 constitutional. AFFIRMED.