The Oregon Unlawful Use of a Weapon Guide
If you live in Oregon, both the Oregon Constitution and the United States Constitution guarantee you the right to bear arms. However, even with these rights, the Oregon unlawful use of a weapon statute, or ORS 166.220, sets boundaries to safeguard against the misuse of weapons. If you’re facing charges of ORS unlawful use of a weapon, you may be wondering what to do next.
In this guide, we’ll discuss what the Oregon unlawful use of a weapon means, what constitutes a weapon, penalties, and possible defenses. Plus, we’ll explain exactly how a lawyer like Powell Law can help you. We’re based in Beaverton but we serve the entire Portland area.
What Is Unlawful Use of a Weapon in Oregon?
The ORS unlawful use of a weapon statute is meant to protect people from dangerous behavior with weapons. Unlawful use of a weapon is defined as using, attempting to use, or threatening to use a dangerous or deadly weapon in a way that could cause harm. This also includes discharging a “firearm, blowgun, bow and arrow, crossbow or explosive devices” on purpose “within the city limits…or in the direction of any person, building, structure, or vehicle…without having legal authority…”
In an ORS unlawful use of a weapon case, context and intent are very important. What is considered a weapon can depend on both intended use and context. For example, a baseball bat when used for playing baseball is clearly not a weapon. But with the intent to threaten or harm, the baseball bat is considered a weapon. Some contexts where the law does not apply include:
Police officers or military members performing official duties
Lawful self-defense
Shooting at a shooting range or other designated area
Lawful hunting
Employees of the United States Department of Agriculture while performing official duties
What Constitutes a Weapon?
In Oregon law, a weapon refers to any instrument, material, substance, or device that is used or intended to be used to physically harm someone. The law distinguishes between two types: dangerous and deadly weapons. A dangerous weapon is one that can cause harm or death, depending on how it is used, while a deadly weapon includes anything made for and capable of causing death. The definition of a weapon can encompass a wide range of items, including:
Firearms
Knives
Clubs and batons
Explosive devices
Martial arts weapons
Improvised weapons
Improvised weapons are objects that aren’t specifically designed as weapons but are used or intended to be used for harming others, such as a tire iron used to threaten someone.
Penalties and Punishments
Oregon unlawful use of a weapon is considered a Class C felony. If convicted, the judge on your case will determine your specific sentence. Here are the penalties and punishments you may face if convicted of Oregon unlawful use of a weapon:
Imprisonment up to 5 years
Fines of up to $125,000
Probation in place of or in addition to imprisonment
Restitution paid to victims for damages or injuries
Possible Defenses
If you’re facing ORS unlawful use of a weapon charges, there are some possible defenses you could use. The right defense will depend on the circumstances of your case:
Lack of intent: Intent plays a big role in an Oregon unlawful use of a weapon case. To use this defense, you’ll have to prove that you didn’t intend to use the weapon unlawfully.
Self-defense: If you used or possessed the weapon to reasonably defend yourself or others, you may have a valid defense. Oregon law allows for the use of reasonable force to protect yourself or others from imminent harm.
Mistaken identity: Another possible defense is arguing that you weren’t the one who unlawfully used the weapon.
Duress or necessity: If you possessed or used the weapon under duress (threats of harm) or out of necessity (to present a greater harm), you may have a defense.
Unlawful search and seizure: If police found the weapon during an unlawful search and seizure, you might be able to argue that this evidence should be suppressed. Unlawful search and seizure violates your Fourth Amendment rights and the evidence gathered cannot be used against you.
Defense of property: Similar to self-defense, you might be able to claim defense of property if you used a weapon reasonably to protect your property.
What to Do If You’re Charged
If you’re facing Oregon unlawful use of a weapon charges, it’s important to act appropriately. This will help you protect your rights and build a strong defense for your case. Here’s what you should consider doing:
Stay calm and exercise your rights: Upon being charged, stay calm and exercise your constitutional rights. You have the right to remain silent and the right to legal representation. Avoid discussing the details of the case with anyone without your attorney present.
Contact a criminal defense attorney: One of the most important actions to take is to hire an experienced criminal defense attorney. Your attorney will provide you with legal advice, represent you in court proceedings, and help you build a strong defense.
Gather evidence: Work with your attorney to gather any evidence, documents, or witness statements that will support your defense.
Appear for court dates: It’s essential to appear for all scheduled court dates unless instructed otherwise by the court or your attorney. If you don’t show up, you might face additional charges.
How It Affects Your Gun Rights
If you are convicted of ORS unlawful use of a weapon, you will face significant consequences for your gun rights. Even if you are convicted of a crime that isn’t related to guns, Oregon's unlawful use of a weapon is a Class C felony. Under both state and federal laws, most felons cannot possess guns. This means that you’ll have to surrender any guns you own and will not be able to purchase guns in the future. In addition to losing your gun rights, you will also lose your Concealed Handgun License if you have one or be unable to obtain one.
In some cases, you may be able to have your firearm rights restored. However, the process is complex and varies based on the nature of your conviction. It’s better to avoid the conviction than to try to get your gun rights restored.
How a Lawyer Can Help
A lawyer can play a crucial role in helping you navigate the legal process and defend yourself against Oregon's unlawful use of a weapon charges. It’s important to find an experienced lawyer, like Powell Law, who understands the intricacies of Oregon law. Here are a few ways that a lawyer can help with your ORS unlawful use of a weapon case:
Legal expertise: A skilled criminal defense attorney will have a deep understanding of Oregon unlawful use of a weapon laws. They’ll explain the charges against you, assess the strength of the prosecution’s case, and provide you with sound legal advice.
Case evaluation and building: Your attorney will thoroughly review the details of your case, including the circumstances, any evidence against you, and potential defenses. They will develop a strategy tailored to your specific situation and gather evidence to prove your defense.
Protection of rights: Your attorney will ensure that your constitutional rights are protected through the legal process. This includes advising you on your right to remain silent, ensuring that law enforcement respects your rights during questioning and arrest, and challenging any violations of your rights in court.
Negotiation: In many cases, your attorney will negotiate with the prosecution before the trial to reduce or dismiss charges or to obtain a plea bargain with lesser consequences.
Court representation: If your case goes to trial, your attorney will provide you with skilled representation in the courtroom. They will work to undermine the prosecution’s case and raise reasonable doubt in the minds of the jury.
Oregon Unlawful Use Of A Weapon Conclusion
If you’re facing Oregon unlawful use of a weapon charges, you need an experienced lawyer. At Powell Law, we understand the ins and outs of Oregon unlawful use of a weapon law. We’ll work to investigate the circumstances and build the strongest defense possible. We believe in justice for everyone and will do everything we can to get you the fairest outcome.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
