Wolford v. Lopez · ¶80

The State’s two remaining analogues are even weaker. The first is an 1893 Oregon law that prohibited anyone “other than an officer on lawful business, [from] being armed . . . or trespass[ing] upon any enclosed premises or lands without the consent of the owner.” 1893 Ore. Laws p. 79. On its face, it is not clear that this statute is relevant to the issue before us. For one thing, even if commercial establishments that are open to the public were considered “enclosed” at the time of the adoption of the Bill of Rights, see n. 13, supra, no Oregon authority shows that the Oregon statute used the term to refer to such establishments. To the contrary, Oregon courts have interpreted the phrase “enclosed land” as outdoor land surrounded by a “visible or distinctive line that demonstrates its separation from contiguous properties,” such that a hunter would know to seek permission before…

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