State v. Perry, 336 Or. 49

Summary

The Supreme Court of Oregon held that the “place of business” exception to Oregon’s concealed-firearm licensing requirement applies only to a business owner, not to a nonowner employee working at the business. The court rejected the defendant’s constitutional challenges under the Oregon and United States constitutional rights to bear arms and equal-protection provisions. The court affirmed the Court of Appeals and the circuit court judgment.

Holdings

1. The place-of-business exception applies only to the owner of a business, not to a nonowner employee carrying a concealed handgun at the place where the employee works.
2. Because defendant did not challenge the constitutionality of the general licensing requirement and the place-of-business exception provides greater freedom to possess firearms, excluding a nonowner employee from that exception did not violate the right to bear arms under either the Oregon or United States Constitution.
3. The distinction between business owners and nonowner employees for purposes of the place-of-business exception is rational and does not violate Article I, section 20, of the Oregon Constitution or the Fourteenth Amendment's Equal Protection Clause.

Questions Presented

1. Whether the ORS 166.250(2)(b) place-of-business exception to the concealed-firearm licensing requirement applies to a nonowner employee carrying a handgun at the business where the employee works.
2. Whether excluding nonowner employees from the place-of-business exception violates the right to bear arms under Article I, section 27, of the Oregon Constitution or the Second Amendment to the United States Constitution.
3. Whether distinguishing between business owners and nonowner employees violates Article I, section 20, of the Oregon Constitution or the Equal Protection Clause of the Fourteenth Amendment.

Disposition

affirmed