State v. Burney

Before Burney (defendant), a convicted felon, moved to Portland, a friend had left a pistol under the seat of his truck without his knowledge. One night, his truck wouldn't start, so Burney went to a nearby club to wait it out, had a glass of wine, and played some pool for money. Leaving the club, he saw a man he'd beaten at pool, Griffin, coming at him with a broken cue stick; reaching under his seat for a tire iron, Burney instead found the pistol, and pointed it at Griffin's legs, telling him to leave. Griffin left, but the truck still wouldn't start, and police soon arrived, found the gun, and arrested Burney for being a felon in possession of a firearm. At trial, Burney tried to raise the "choice of evils" defense, but the court rejected it and found him guilty.