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STATE v. DELGADO

TC CR83-946, CA A30962, SC S31059.

692 P.2d 610 (1984)

298 Or. 395

STATE of Oregon, Petitioner On Review, v. Joseph Luna DELGADO, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided December 28, 1984.

Attorney(s) appearing for the Case

Robert W. Muir, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the briefs were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Lynn Torno, Certified Law Student.

Susan M. Garrett, Salem, argued the cause and filed briefs for respondent on review.

Robert Dowlut, Washington, D.C., and Steven L. Krasik, Salem, filed a brief amicus curiae for Nat. Rifle Ass'n.

LENT, Justice.

The issue is whether ORS 166.510(1), insofar as it prohibits the mere possession and mere carrying of a switchblade knife, violates defendant's right to bear arms under Article I, section 27, of the Oregon Constitution. We hold that in that respect the statute does violate defendant's constitutional right.

ORS 166.510(1) provides, in relevant part:

"* * * [A]ny person who manufactures, causes to be manufactured, sells...

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