Arguments On Outlawing Party Hunting

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Jonathan D. Court of Appeals of Oregon, En Banc. Submitted March 23, Resubmitted En Banc December 6, Decided March 21, John R. Kroger, Attorney General, David B. Defendant was charged with two counts of violating a state law against carrying a concealed firearm, one count of violating a state law against carrying a concealed knife, and two counts of violating a Portland ordinance against carrying a firearm in a public place having recklessly failed to unload it.

The court denied the demurrer and motion, and defendant was subsequently convicted on all charges. On appeal, he assigns error to the denial of his demurrer and motion, but only insofar as the ruling rejected his challenges to the Portland ordinance; he does not challenge the state laws or appeal his other convictions.

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We conclude that the ordinance is constitutional. We therefore affirm. See State v.

Borowski, Or. Two consequences flow from that choice. First, the only relevant facts in this case are that defendant was charged with, and tried for, violating the ordinance, and those facts are relevant only to establish that he has standing to challenge it; the circumstances surrounding his arrest play no part in our analysis. Second, although generally a facial challenge to a law will fail if the law can constitutionally be applied in any imaginable situation, Jensen v.

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Whitlow, Or. Illig-Renn, Or. Ferber, U. PCC 14A. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Defendant and the dissent under-appreciate the effect of the term "recklessly," apparently contending that it refers only to the isolated act of not unloading the firearm, as opposed to that act and its inherent consequent risks when the loaded weapon is borne in public. That interpretation makes no sense logically or syntactically.

It would result in a rule that prohibits carrying a loaded firearm in public, having at some point been aware of and consciously disregarding the risk that not unloading the firearm creates a significant, unreasonable, and unjustifiable risk of.]

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The Development Delusion It began as a public-relations gimmick. Harry Truman had just been elected to a second term as president of the United States and was set to take the stage for his inaugural address on 20 January His speechwriters were in a frenzy. They needed to whip up something compelling for the president to say — something bold and exciting to announce. They had three ideas on the list: backing for the new United Nations, resistance to the Soviet threat and continued commitment to the Marshall Plan. But none were very inspiring. They needed something that would tap into the zeitgeist — something that would stir the soul of the nation. Their answer came from an unlikely source. Benjamin Hardy was a young, mid- level functionary in the State Department, but as a former reporter for the Atlanta Journal he had a knack for a good headline. Why not have Truman announce that his administration would give aid to Third World countries to help them develop and put an end to the scourge of grinding poverty?