State v. Cortes

Weapons are "instruments designed primarily for offensive or defensive combat or instruments that would reasonably be recognized as having substantially the same character, and not . . . tools or objects designed primarily for utility, even when those tools can be used as weapons under some circumstances."

In 2024, Cortes was convicted of violating his probation's no weapons condition after a steak knife was found protruding from his backpack during a meeting with his probation officer. Cortes argued that the steak knife was a tool, so the lower courts erred by declaring it a weapon. Under ORS 137.540(1)(j), a probationer shall not “possess weapons, firearms, or dangerous animals.” Interpreting the statute, the Court held that "weapons" are "instruments designed primarily for offensive or defensive combat . . . [not] tools or objects designed primarily for utility," even if those tools could be used as weapons. Because the trial court did not make factual findings about whether the knife at issue was designed primarily for combat or utility, the Court remanded.

"[Reversed,] and the case is remanded to the circuit court for further proceedings."