Pointing firearm at another
- courts having jurisdiction over offense
Source:
Section 166.190 — Pointing firearm at another; courts having jurisdiction over offense, https://www.oregonlegislature.gov/bills_laws/ors/ors166.html
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Notes of Decisions
In wrongful death action, rule that violation of statute is negligence per se was not applicable where child who fatally fired weapon was under twelve years of age at time of shooting. Thomas v. Inman, 282 Or 279, 578 P2d 399 (1978)
Charging instrument alleging crime under this section need not plead lack of self defense, because use of such labels as “except” in charging statute, standing alone, does not require state to plead negation of the exception. State v. George, 72 Or App 135, 694 P2d 1011 (1985)
Where defendant purposely pointed unloaded pistol at Bureau of Indian Affairs Security Officer in violation of Oregon Statute, use of Assimilative Crimes Act was appropriate since federal statute did not punish precise acts upon which state law conviction depended and victim’s testimony that defendant pointed gun at him was sufficient evidence that defendant acted “purposely” within meaning of Oregon statute. U.S. v. Kaufman, 862 F2d 236 (9th Cir. 1988)
Where defendant pointed loaded but inoperable firearm at police officer, because officer was not beyond distance to which firearm’s shot or projectile may be propelled, officer was “within range” as used in this section. State v. Summers, 277 Or App 412, 371 P3d 1223 (2016), Sup Ct review denied
Offense of pointing firearm at another is not lesser included offense to crime of menacing. State v. Rice, 307 Or App 274, 476 P3d 961 (2020)
Law Review Citations
51 OLR 485 (1972)