|CALENDAR STATUS: Active|
|State of Oregon v. Jonathan D. Christian|
|Lewis & Clark Law School|
|Neil Francis Byl on behalf of Jonathan D. Christian|
Harry Michael Auerbach on behalf of City of Portland
Statement of Issues:
|State of Oregon v. Jonathan D. Christian (S060407) (A142137) (appeal from Multnomah County Circuit Court; opinion reported at 249 Or App 1, 274 P3d 262 (2012)).|
Defendant Jonathan D. Christian has been granted review of a Court of Appeals decision that affirmed his conviction for violating a Portland ordinance, PCC 14A.60.010(A), which makes it unlawful for any person to "knowingly possess or carry a firearm, in or upon a public place, * * * recklessly having failed to remove all the ammunition from the firearm."
On review, the issues are:
(1) With respect to PCC 14A.60.010(A), which makes it unlawful for any person to "knowingly possess or carry a firearm, in or upon a public place, * * * recklessly having failed to remove all the ammunition from the firearm, " what does the adverb "recklessly" modify, i.e., does the ordinance prohibit a person from knowingly possessing or carrying a firearm in a public place when the person is aware of and consciously disregards a substantial and unjustifiable risk that the firearm is loaded?
(2) Does PCC 14A.60.010(A) violate Article I, section 27, of the Oregon Constitution?
(3) Does PCC 14A.60.010(A) violate the Second Amendment to the United States Constitution?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
David V. Brewer