Oregon v. Burris
Annotate this CaseDefendant Michael Burris was convicted of attempting to commit the misdemeanor unlawful possession of a firearm. The issue his appeal presented for the Oregon Supreme Court was the legal effect, if any, of a cross-reference between two statutes that criminalized the same conduct: possession of a firearm by a person previously convicted of a felony. The first statute, ORS 166.270, defined the felony offense of felon in possession of a firearm. The second statute, ORS 166.250, defined the misdemeanor offense of unlawful possession of a firearm. The statute defining the felony offense included an exception for certain persons discharged from imprisonment, parole, or probation at least 15 years earlier. The statute defining the misdemeanor offense did not include a similar exception, but it began with a prefatory clause that cross-referenced other statutes, including the felony offense. The question was whether the 15-year exception to the felony offense also applied to the misdemeanor offense through the latter’s prefatory clause. The state argued the prefatory clause’s reference to ORS 166.270 had no legal effect because, by its terms, the 15-year exception to the felony offense applied only to the felony offense and therefore did not create an exception to the misdemeanor offense. To this, the Oregon Supreme Court concurred and affirmed the trial court.
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