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STATE v. BRINEY

(CC041329M; CA A128505; SC S055567).

200 P.3d 550 (2008)

345 Or. 505

STATE of Oregon, Respondent on Review, v. Chason Lynn BRINEY, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 31, 2008.

Attorney(s) appearing for the Case

Garrett A. Richardson, Multnomah Defenders, Inc., Portland, argued the cause and filed the petition for petitioner on review.

Ryan Kahn, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

DE MUNIZ, C.J.

This case concerns the meaning of the statutory definition of "firearm," ORS 166.210(3), as that term is used in describing the crime of carrying a concealed firearm under ORS 166.250(1)(a), set out post. Defendant was charged with carrying a concealed firearm, a pistol, in violation of ORS 166.250(1)(a). In his trial to the court, defendant argued that, because the pistol had a broken firing pin at the time he carried it, it was not "readily...

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