State v. Burris

ORS 166.250(1) states “except as otherwise provided under ORS . . . 166.270 . . . a person commits the crime of unlawful possession of a firearm if the person knowingly: . . . (C) [h]as been convicted of a felony[.]” ORS 166.270(4) provides exceptions to being a felon in possession of a firearm if the person has only been convicted of one felony and they finished their sentence more than fifteen years ago.

Defendant appealed a conviction for unlawful possession of a firearm under ORS 166.250(1)(c)(C). Defendant assigned error to the trial court’s preclusion of evidence that he qualified for an exception under ORS 166.270. Defendant argued that ORS 166.250 incorporates all of the exceptions of ORS 166.270 and that because he qualified for one of the exceptions, his conviction was improper. In response, the State argued that ORS 166.250 does not incorporate the exceptions. ORS 166.250(1) states “except as otherwise provided under ORS . . . 166.270 . . . a person commits the crime of unlawful possession of a firearm if the person knowingly: . . . (C) [h]as been convicted of a felony[.]” ORS 166.270(4)(a) provides exceptions to being a felon in possession of a firearm if the person has only been convicted of one felony and they finished their sentence more than fifteen years ago. The Court reviewed the legislative history of the firearms statutes and found that there was no evidence that legislators intended the exceptions in ORS 166.270(4)(a) to apply to ORS 166.250(1)(c)(C). Accordingly, the Court held that the exception did not apply and that the lower court correctly denied Defendant’s request to submit evidence. Affirmed.