Oregon Unique CCWP / DUI/ DESTROY, not the dui recipients weapon.

[missdeffiance]

Oregon unique CCW / DUI question .
I had loaned my CCW to my 29 yr old son who also has his Concealed Weapons carry license until he could purchase one of his own . It is registered to me.
He got a DUI and the gun in the car with him of course they confiscated it. He was then allowed to go to the police dept and collect the gun . He is now being told he has to turn it in to be destroyed. They said it is a Oregon law they have no choice.
Has anyone ever heard this before ?
Since it is my weapon I feel like I should be able to keep it.
I have never heard of this law .
Hummmm?

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[dmack]

News to me, unless the DA wrote the surrender/destruction into a plea agreement.

 

[WillametteWill]

First, welcome to the forum. Even if you get the perfect answer here, you are likely going to need a lawyer anyway. Just as a suggestion, it might be beneficial to start there. The bad news is that the cost of the attorney may be more than the gun is worth unless it has sentimental value or quite expensive.

 

[VinnieBoomBah]

I would suggest you contact the person that told him that and ask them to provide you with the relevant law they believe requires that course of action

ORS 166.279 – Forfeiture of deadly weapons

Except as provided in subsection (4) of this section, ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and…

oregon.public.law

(3) If a firearm or other deadly weapon that was possessed, used or available for use to facilitate a criminal offense was stolen from its lawful owner and was recovered from a person other than the lawful owner, the court may not order that the weapon be forfeited but shall order that the weapon be restored to the lawful owner as soon as the weapon is no longer needed for evidentiary purposes.

 

[Koda]

They said it is a Oregon law they have no choice.

The burden of proof is on the one making the claim. I would require them to cite you this law before turning it over.
Note: law enforcement officers and staff are not lawyers and often do not know the laws they attempt to enforce.

 

[pizzamike]

Ask them to cite the law.

Also be mindful of who you allow to have possession of your firearms. Actions have consequences.

Maturity is key.

 

[solv3nt]

Guns in Oregon aren't "registered" officially.

 

[Nick Burkhardt]

Is your son now a convicted felon?

Since it is your property which you lent to your son, I would go to the police and ask for your property back. If you have the original sales receipt that might help your case. The cops will most likely require you to pay for and pass a background check before returning the firearm to you.

 

[missdeffiance]

Is your son now a convicted felon?

Since it is your property which you lent to your son, I would go to the police and ask for your property back. If you have the original sales receipt that might help your case. The cops will most likely require you to pay for and pass a background check before returning the firearm to you.

Thank you for the advice , I have no problem if they want to run another background check.

 

[missdeffiance]

Is your son now a convicted felon?

Since it is your property which you lent to your son, I would go to the police and ask for your property back. If you have the original sales receipt that might help your case. The cops will most likely require you to pay for and pass a background check before returning the firearm to you.

No it was a misdemeanor charge for him. No felony

 

[missdeffiance]

The burden of proof is on the one making the claim. I would require them to cite you this law before turning it over.
Note: law enforcement officers and staff are not lawyers and often do not know the laws they attempt to enforce.

Good insight and so true. Thanks

 

[missdeffiance]

I would suggest you contact the person that told him that and ask them to provide you with the relevant law they believe requires that course of action

ORS 166.279 – Forfeiture of deadly weapons

Except as provided in subsection (4) of this section, ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and…

oregon.public.law

(3) If a firearm or other deadly weapon that was possessed, used or available for use to facilitate a criminal offense was stolen from its lawful owner and was recovered from a person other than the lawful owner, the court may not order that the weapon be forfeited but shall order that the weapon be restored to the lawful owner as soon as the weapon is no longer needed for evidentiary purposes.

I will ask them . It was not stollen .. Thanks

 

[spookshack]

Would his misdemeanor cause his CHL to be revoked?

 

[solv3nt]

Would his misdemeanor cause his CHL to be revoked?

I believe the threshold is a class-a.
*Edit typo, class-a

 

[solv3nt]

Err.... Typo, class-a.