Rented Tent Counts As Home
Tue December 31, 2013
Charge Overturned On Concealed Weapon At Campsite
Persuaded by a man's argument that his campsite was his home, the Oregon Court of Appeals has reversed his conviction for illegally carrying a concealed weapon.
The Oregonian reports that the appeals court held that 66-year-old David Wolf was entitled to tell jurors at his trial that Oregon law makes an exception to carrying a concealed weapon without a permit if a person is in his or her place of residence.
In its recent ruling, the court said that if state legislators had intended "a place of residence" to apply only to houses, apartments, and other structures, they would have said so.
When a U.S. Forest Service officer contacted Wolf at an Oregon campground in August 2011, Wolf told the officer he had a pistol in his pocket. Wolf said he had the right to carry the gun in and around his tent because the site was "his own rented property." The officer cited him for misdemeanor unlawful firearm possession.
It's unclear whether Wolf will be retried.