Firearm and Gun Charges in Portland, OR
If you’re charged with a weapons offense in Oregon, you’re likely facing a prison sentence, large fines, and a lifetime criminal record. If you use a firearm or a gun while committing a crime, your sentence will likely be enhanced significantly. At Philbrook Law, our criminal defense lawyers have been fighting for the accused for 20 years. We can work to develop a strong defense that includes contesting every word in the statute and asserting every possible legal and factual defense available. Our Portland firearm and gun lawyers fight to obtain dismissals, acquittals, and plea bargains. Call us today to assert your defenses.
How can we help?
- What types of gun charges can you be charged with in Portland?
- How does using a firearm in the commission of a crime affect my sentence in Portland?
- What should I do if I’m arrested for a weapons charge in Oregon?
- How do your Portland lawyers fight for defendants charged with weapons crimes?
- Do you have a Portland firearm and gun charge lawyer near me?
What types of gun charges can you be charged with in Portland?
Oregon regulates the sale, possession, and use of firearms. Violations of weapons charges can result in lengthy prison sentences and heavy fines. If you are convicted of a felony, you can lose your right to ever own a firearm or gun again.
Oregon defines a firearm as a “weapon, by whatever name known, which is designed to expel a projectile by the action of powder.” A handgun is defined as “any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder.”
At Philbrook Law, our criminal defense lawyers represent individuals charged with the following firearm and weapons offenses and others:
- Unlawful use of a weapon. This offense is a Class C felony. A person commits this offense if they:
- “Attempt to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon”
- “Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge.”
- This offense does not generally apply to “police officers or military personnel in the lawful performance of their official duties,” people lawfully defending their life or property, “persons lawfully engaged in hunting in compliance with rules and regulations adopted by the State Department of Fish and Wildlife,” and other specific conditions.
- Carrying concealed weapons. This offense generally applies to certain types of knives, ice picks, metal knuckles, and other similar objects.
- Unlawful possession of firearms. Unless permitted by other Oregon laws, you can be charged with this Class A misdemeanor if you knowingly:
- Carry any firearm concealed on your person
- Possess a concealed handgun that is readily accessible to a person within any vehicle
- Possess a firearm, and you’re under 18, have been convicted of a felony, were committed to the Oregon Health Authority, or are prohibited from possessing a firearm for other reasons listed in the statute.
- Point a firearm at another
- Possess firearms or ammunition as someone who is prohibited from such possession.
- Return of relinquished firearms.
- Possession of weapons by certain felons. Felons cannot own firearms:
“Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm commits the crime of felon in possession of a firearm.”
- Unlawful possession of machine guns, certain short-barreled firearms, and firearms silencers.
- Relief from the prohibition against possessing or receiving firearms.
- Possession of firearms or dangerous weapons in a public building or a court facility.
Portland, Oregon, also has its own gun laws. These laws include:
How does using a firearm in the commission of a crime affect my sentence in Portland?
In addition to being charged with specific crimes, if you use a firearm while committing a crime, the penalties for committing that crime can increase as follows: The prosecution can add to its charge a request that the charge includes the aggravation of a crime with the phrase “with a firearm” if a firearm (whether operable or not) is used while committing a felony. This addition to the criminal charge can mean:
- An increased prison sentence.
- For a first conviction for such a felony, five years will be added to your sentence. The additional sentence could be up to ten years for certain weapons, such as machine guns.
- The penalties increase if the firearm is used in a felony – after any punishment or imprisonment.
- For felonies committed on or after November 1, 1989, a lesser sentence may be imposed - in accordance with the rules of the Oregon Criminal Justice Commission.
- Being ineligible for “work release, parole, temporary leave or terminal leave until the minimum term of imprisonment is served…”
What should I do if I’m arrested for a weapons charge in Oregon?
Our Portland firearms crimes lawyers recommend that if you are charged with a firearms offense, you:
- Remain silent – don’t make any statements until you speak with your lawyer.
- Speak with your lawyer – one who understands Oregon’s gun laws.
- Don’t discuss your case – with family, friends, on social media, or with anyone, anywhere – other than your lawyer.
- Attend every court appearance.
- Work with your lawyer to build a defense strategy.
- Avoid any conduct that could lead to another arrest.
At Philbrook Law, we have the experience to handle firearms charges and fight for your freedom.
How do your Portland lawyers fight for defendants charged with weapons crimes?
Our Portland firearms criminal defense lawyer will:
- Represent you through each stage of the criminal process. These stages include the bail hearing, arraignment, preliminary hearing, motions to suppress and other motions, the criminal trial, and the sentencing hearing if you’re convicted or plead guilty.
- Explain your rights. We can explain what crimes you’re accused of committing and the specific requirements for proving those offenses – and the various arguments that can be made to show you’re not in violation of these offenses.
- Create a strong defense. Our criminal defense lawyers will work to obtain a dismissal of the charge, create a reasonable doubt that you committed the firearms offenses, and negotiate plea bargains based on showing weaknesses in the government’s case.
- Be your advocate. We can speak for you. We’re skilled at confronting prosecutors and also negotiating with prosecutors. Our Portland firearms lawyers are persuasive trial lawyers who understand how to argue cases before judges and juries.
Do you have a Portland firearm and gun charge lawyer near me?
Philbrook Law meets anyone charged with a firearms or handgun offense at our Portland, Oregon office located at 107 SE Oregon St., Suite 520. If you’re in jail, we’ll arrange to meet you there. Our lawyers also discuss criminal cases by phone and through online conversations.
Speak with our Portland firearms defense lawyers now
Weapons charges are scary. If convicted, it could be years or even decades before you’re released from prison. At Philbrook Law, we’ll fight aggressively to secure your freedom. Our criminal defense lawyers assert your defenses at every stage of the criminal process. We can help you understand your rights and build a strong defense. Please call us or fill out our contact form to schedule a free consultation.