## Facts

- Randy Kessler argued with his apartment manager; the dispute became physical and police were called.
- Police arrested Kessler for disorderly conduct.
- Officers discovered two wooden billy clubs associated with Kessler.
- The state charged Kessler with (1) disorderly conduct and (2) possession of a “slugging weapon” (a billy) under ORS 166.510(1).
- Kessler moved to dismiss the slugging-weapon charge, arguing the statute was unconstitutional as applied to possession of billy clubs in the home under Article I, section 27 of the Oregon Constitution (right to bear arms for defense of self and the state).
- The trial court denied the motion and convicted Kessler on both counts; the Oregon Court of Appeals affirmed.

## Issues

1. Whether Article I, section 27 of the Oregon Constitution protects an individual’s possession of a billy club as an “arm” for self-defense.
2. Whether ORS 166.510(1), to the extent it criminalizes possession of a billy club in the home, violates Article I, section 27.

## Decision

- The Oregon Supreme Court affirmed Kessler’s disorderly conduct conviction.
- The court reversed Kessler’s conviction for possession of a slugging weapon.
- The court held a billy club is an “arm” within Article I, section 27 and that an absolute statutory ban on possessing such an arm in the home is unconstitutional.
- The court distinguished protected possession in the home from the state’s authority to regulate carrying weapons in public.

## Legal Principles

- Article I, section 27 protects an individual right to possess certain arms for defense of person and property, including in the home.
- “Arms” includes weapons commonly used for personal defense and is not limited to firearms; it can include hand-carried nonfirearm weapons such as billy clubs.
- The legislature may regulate the manner and circumstances of bearing arms, particularly in public, but may not impose an outright prohibition that reaches constitutionally protected home possession.

## Conclusion

The court held that Article I, section 27 protects possession of a billy club in the home for self-defense, rendering ORS 166.510(1) unconstitutional as applied to home possession; it therefore reversed the slugging-weapon conviction while leaving the disorderly conduct conviction intact.


State v. Kessler, 289 Or. 359, 614 P.2d 94 (Or. 1980)