Unlawful Use of a Firearm - Lawyer in Bend, Salem & Portland Oregon (2024)

Unlawful Use of a Firearm - Lawyer in Bend, Salem & Portland Oregon (1)

In Oregon, unlawful use of a weapon is a Class C felony punishable by up to five years in prison. Simply stated, under ORS 166.220, you can be charged with this crime if:

  • You use a weapon against someone or carry it with the intent to use it against someone.
  • You discharge a weapon at a person or an object within range of the weapon in a municipality. (There are some exceptions to this provision.)

ORS 166.220 applies not just to guns, but also other weapons such as bows and arrows, blow guns, crossbows and explosive weapons.

Prosecutors in Oregon can and do seek convictions for the crime of unlawful use of a weapon. If you have been charged, you cannot rely on the mercy of the court or the goodwill of the prosecutor. You need effective defense representation as soon as possible.

Call Gilroy Napoli Short Law Group at 503-747-7198 for a free consultation.

Aggressive Gun Crime Defense Attorneys Serving Oregon

Gilroy Napoli Short Law Group is a team of experienced criminal defense attorneys who fight for the rights and freedom of people facingweapons charges. We devote a large part of our practice to gun rights and firearms issues and are committed to obtaining the best possible result for every client. We will aggressively represent you at all stages of the legal process.

Defenses Against Unlawful Use of a Weapon Charges

To gain a conviction, the state must prove every element of its case. At Gilroy Napoli Short Law Group, we believe that success comes from thorough analysis of legal and factual issues, careful case preparation, and effective advocacy in court.

When representing you, we will review the evidence and determine the optimal defense strategy. The answers to questions such as these could lead to a positive outcome:

  • Can the state prove your “intent” to use a weapon?
  • Did you have knowledge that someone or something was in range of the weapon?
  • Was the person or object actually in range of the weapon?
  • Were you defending life or property when you discharged the weapon?

Free Consultation With a Lawyer

We offer free initial consultations. To learn more about your defense options, call Gilroy Napoli Short Law Group at 503-747-7198 orcontact us online. We represent people in Portland, Salem, Beaverton, Hillsboro and elsewhere in Oregon.

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Call Today For A Free Consultation: 503-747-7198

As a seasoned legal professional specializing in criminal defense, particularly in the realm of weapons charges, I bring a wealth of expertise and practical knowledge to the table. With a track record of successfully handling cases in Oregon, I have navigated the intricate legal landscape surrounding unlawful use of a weapon charges.

Firstly, let's delve into the key concepts outlined in the provided article:

1. Unlawful Use of a Weapon in Oregon:

  • Legal Classification: The unlawful use of a weapon is categorized as a Class C felony in Oregon, carrying a potential sentence of up to five years in prison.
  • Statutory Basis: The relevant statute is ORS 166.220, which outlines the circ*mstances under which an individual can be charged with this offense.

2. Elements of Unlawful Use of a Weapon:

  • Use or Intent to Use: Charging can occur if a person uses a weapon against someone or carries it with the intent to use it against someone.
  • Discharge within a Municipality: Another ground for charges is the discharge of a weapon at a person or object within the range of the weapon in a municipality, with certain exceptions.

3. Inclusive Definition of Weapons:

  • Beyond Guns: The application of ORS 166.220 extends beyond firearms to include various other weapons such as bows and arrows, blow guns, crossbows, and explosive weapons.

4. Prosecution and Defense:

  • Prosecutorial Actions: Prosecutors actively pursue convictions for unlawful use of a weapon, emphasizing the seriousness of the charge.
  • Importance of Defense: The article stresses the need for effective defense representation and discourages relying solely on the court's mercy or the prosecutor's goodwill.

5. Legal Representation by Gilroy Napoli Short Law Group:

  • Expertise: The Gilroy Napoli Short Law Group is presented as a team of experienced criminal defense attorneys.
  • Devotion to Firearms Issues: The group dedicates a significant portion of its practice to gun rights and firearms issues, showcasing a specialized focus.

6. Defense Strategies:

  • Thorough Analysis: The defense approach involves a thorough analysis of legal and factual issues.
  • Case Preparation: Success is attributed to careful case preparation and effective advocacy in court.
  • Key Questions: The article suggests exploring critical questions, such as the defendant's intent, knowledge of the weapon's range, and the circ*mstances surrounding weapon discharge.

7. Free Consultation:

  • Immediate Action: Emphasizes the urgency of seeking effective defense representation promptly.
  • Contact Information: The article provides a contact number (503-747-7198) for a free consultation and encourages individuals facing charges to reach out.

In conclusion, the information presented reflects a comprehensive understanding of the legal nuances surrounding unlawful use of a weapon charges in Oregon, coupled with practical strategies for mounting a robust defense. If you find yourself in need of legal counsel, the Gilroy Napoli Short Law Group is positioned as a dedicated and experienced ally in navigating such cases.

Unlawful Use of a Firearm - Lawyer in Bend, Salem & Portland Oregon (2024)

FAQs

What is the sentencing for unlawful use of a weapon in Oregon? ›

In Oregon, unlawful use of a weapon is a Class C felony punishable by up to five years in prison. Simply stated, under ORS 166.220, you can be charged with this crime if: You use a weapon against someone or carry it with the intent to use it against someone.

Is unlawful possession of a firearm a felony in Oregon? ›

Unlawful possession of a firearm is a Class A misdemeanor in Oregon, which carries a maximum possible penalty of 364 days in jail and a fine of $6,250.

What disqualifies you from owning a gun in Oregon? ›

Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.

What are the gun laws in Salem Oregon? ›

Oregon Open Carry Laws. Oregon is an open-carry state. Because of this fact, most citizens are allowed to openly carry a firearm without a permit. Oregon doesn't prohibit you from openly carrying handguns or long guns on your person in public.

What is the charge for a felon to be around a gun? ›

Possession of a firearm by a felon is considered a felony punishable by a prison sentence ranging from one to three years, depending on state laws. Second or third offenses will result in even more severe criminal punishments.

Are gun rights automatically restored in Oregon? ›

Under Oregon law, the right to vote is automatically restored upon release from custody. The right to bear arms is restored when a Judge grants the petition mentioned above. The right to serve on a jury is restored under the Oregon Constitution 15 years after completing a felony sentence.

What weapons can a felon own in Oregon? ›

Under Oregon Revised Statute (ORS) 166.250 and ORS 166.255, individuals with felony convictions are prohibited from acquiring, possessing, or owning firearms in Oregon. This includes all types of firearms, including black powder guns.

Can I carry a gun while hiking in Oregon? ›

Unless otherwise noted, you can carry a firearm in Oregon state parks. Keep in mind however that recreational shooting or target shooting may be prohibited, and carrying a firearm may only be allowed for personal protection in the event of threat to you or another person.

What counts as a felony in Oregon? ›

In Oregon, felonies are crimes that are punishable by more than a year in state prison. Oregon law categorizes felonies as class A, B, C, and unclassified felonies.

What is the 3 day rule for guns in Oregon? ›

Both state and federal laws provide that the dealer may deliver the handgun to the purchaser after a three business day period, if OSP does not provide notice that the purchaser has been approved or denied.

Can a felon get his gun rights back in Oregon? ›

You are eligible to restore your firearm rights in Oregon even if you have criminal convictions on your record that cannot be expunged or removed. This is true even if you have certain kinds of felony convictions on your record.

What is the Oregon gun law for 2024? ›

The Oregon Right to Permitless Concealed Carry Initiative may appear on the ballot in Oregon as an initiated constitutional amendment on November 5, 2024. The initiative would amend the Oregon Constitution to add a right to carry concealed firearms without a permit.

Is Portland Oregon gun friendly? ›

Because Oregon is an open-carry state, most citizens are allowed to openly carry a firearm without a permit. Oregon doesn't prohibit the open carrying of handguns or long guns on a person in public. However, certain cities such as Portland and Beaverton prohibit the open carry of a loaded firearm.

Is Oregon's new gun law in effect? ›

Under Oregon's new gun laws, which are blocked as of Jan. 5, 2023, a person wishing to purchase a gun would first need a permit. As illustrated in this screen shot from OPB's explainer video about the 2022 ballot measure, the permit would require a completed background check and a gun safety course.

Can you keep a gun in your glove box in Oregon? ›

Oregon law specifically requires that you keep your firearm in a locked box. Technically, you could store the firearm in your glove box or a center console, provided that either storage compartment is keyed and the key was removed from the storage container.

What is the sentence with illegal firearms? ›

Individuals who possess these guns without a permit may face 1one to three years of incarceration. Any act of manufacturing, distributing, importing, lending, and selling unlicensed guns is considered a felony, with a sentence of four to eight years behind bars.

What is the sentence for a Class C felony in Oregon? ›

A conviction for a class C felony in Oregon can result in a maximum of five years in prison, a fine of as much as $125,000, or both. Joyriding, called unauthorized use of a vehicle in Oregon, is an example of a class C felony.

What are the weapon laws in Oregon? ›

It is a crime to carry a concealed firearm upon one's person or possess a handgun that is concealed and readily accessible in a vehicle in Oregon without a concealed handgun permit. This prohibition does not apply to a person who is in their own residence or their own place of business. or possess a firearm.

What is the menacing law in Oregon? ›

(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury. (2) Menacing is a Class A misdemeanor.

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