Opinion
CR83-946; CA A30962
Argued and submitted June 15, 1984 Reversed July 18, 1984 Reconsideration denied August 31, 1984 Petition for review allowed September 25, 1984
Affirmed December 28, 1984
Appeal from District Court, Polk County.
Walter W. Foster, Judge.
Susan M. Garrett, Salem, argued the cause and filed the brief for appellant.
Lynn Torno, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, James E. Mountain, Jr., Solicitor General, and Robert Muir, Assistant Attorney General, Salem.
Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Reversed.
Defendant appeals his conviction for unlawful possession of a stabbing weapon, specifically a switch-blade knife. ORS 166.510(1). He contends that the statute, as applied to his otherwise noncriminal possession of the weapon, unconstitutionally infringes on his right to bear arms under Or Const, Art I, § 27. We agree, because we are compelled to do so by Oregon Supreme Court opinions. See State v. Blocker, 291 Or. 255, 630 P.2d 824 (1981); State v. Kessler, 289 Or. 359, 614 P.2d 94 (1980).
ORS 166.510(1) provides:
"Except as provided in ORS 166.515 to 166.520, any person who manufactures, causes to be manufactured, sells, keeps for sale, offers, gives, loans, carries or possesses an instrument or weapon having a blade which projects or swings into position by force of a spring or other device and commonly known as a switchblade knife or an instrument or weapon commonly known as a blackjack, slung shot, sandclub, sandbag, sap glove or metal knuckles, or who carries a dirk, dagger or stiletto commits a Class A misdemeanor."
Or Const, Art I, § 27, provides:
"The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Militia shall be kept in strict subordination to the civil power[.]"
Reversed.