Marion County Oregon Charges Unlawful Discharge of Firearm

[Donaldor69]

I was arrested This saturday for unlawful discharge of my firearm within the Salem Oregon city Limits! However I live in Marion County Oregon not within the city limits! On my personal property, owned out right! Neighbor Called And 8 Sheriffs showed up afterward and arrested me searched my house and removed all my guns! Was denied release this monday with 30,000 bail. Was denied any opportunity to pay bail. My only outside contact allowed was 30 second phone call at booking and i had to ask for that. yesterday i was released due to over crowding after 2 days in max lockdown 1 hour outside cell. Any help to fight these charges would be great! Printed city limit maps clearly showing im county and waiting contact back from attorney I contacted.

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[Joe13]

That's awful sir!

Welcome to the forum!

Unfortunately, my advice to you having just joined and this being your first post would be to delete this thread and stick with what your lawyer tells you.

Don't take serious advice from the Internet - it could get you in more trouble. At least with a lawyer you have attorney/client privileges.

Best of luck to you!

 

[Donaldor69]

That's awful sir!

Welcome to the forum!

Unfortunately, my advice to you having just joined and this being your first post would be to delete this thread and stick with what your lawyer tells you.

Don't take serious advice from the Internet - it could get you in more trouble. At least with a lawyer you have attorney/client privileges.

Best of luck to you!

Understand That just looking for advice regarding someone who may have dealt with this prior. Definitely retaining an attorney!

 

[Joe13]

If your attorney can prove your claims then that is presented to the prosecuting attorney then they just might drop the whole case.

Take lots of pictures of your property and backstop (and what lies beyond it - use google maps if needed).

Make nice with the neighbors for future issues so they call you and not the cops if your bothering them - maybe even set up a times of day that will not irritate them.

That's the best I have.

 

[Donaldor69]

If your attorney can prove your claims then that is presented to the prosecuting attorney then they just might drop the whole case.

Take lots of pictures of your property and backstop (and what lies beyond it - use google maps if needed).

Make nice with the neighbors for future issues so they call you and not the cops if your bothering them - maybe even set up a times of day that will not irritate them.

That's the best I have.

Appreciate it two weeks of illegal fireworks Explosives directly behind my house but that is not important to the sheriffs taking away firearms is (Didn't Help with the horrible occurrence in Dallas)! talked to the neighbor prior apparently he didn't talk to his wife about the situation and he left for the weekend.

 

[albin25]

delete this thread and stick with what your lawyer tells you.
Don't take serious advice from the Internet - it could get you in more trouble. At least with a lawyer you have attorney/client privileges.

Listen to this guy, it's the best, most honest, no BS, info you're ever going to get on the internet.

While legal advice obtained here may contain some correct legal opinions...
...But, none of them are worth the pixels they're written on when before a Judge.

You have the right to remain silent...but, do you have the ability?
talking to cops? - Bing video (http://www.bing.com/videos/search?q=talking+to+cops%3f&view=detail&mid=FA84B3FAD2000F47781DFA84B3FAD2000F47781D&FORM=VIRE)

 

[308]

I was arrested This saturday for unlawful discharge of my firearm within the Salem Oregon city Limits! However I live in Marion County Oregon not within the city limits! On my personal property, owned out right! Neighbor Called And 8 Sheriffs showed up afterward and arrested me searched my house and removed all my guns! Was denied release this monday with 30,000 bail. Was denied any opportunity to pay bail. My only outside contact allowed was 30 second phone call at booking and i had to ask for that. yesterday i was released due to over crowding after 2 days in max lockdown 1 hour outside cell. Any help to fight these charges would be great! Printed city limit maps clearly showing im county and waiting contact back from attorney I contacted.

How did the neighbors know it was a gun and not those illegal fireworks?

 

[bolus]

yep, erase this post, make sure you have an attorney familiar with firearm law, here is one:
Portland Gun Rights Restoration Attorney | Salem Gun Ownership Rights Lawyer (http://www.shortlawgroup.com/Gun-Rights-Restoration-Firearms-Issues/)

dont say anything to anyone other than your lawyer. Having a firearm instantly makes you a target for the prosecutors. Their job is to get convictions, not do the right thing. they will look for anything and everything to make the charge stick.

 

[SHPD_Retired]

As a retired police officer I noticed that you said you were arrested for violating a city ordinance but you were arrested by county sheriff's. They are not able to, in most cases, enforce city ordinances. It seems logical to me that you may have been arrested for violating a county ordinance. If so, then living outside the city would be no defense.

 

[captqc]

What Joe13 said! But, between now and when you talk to your lawyer check out Marion County Noise Ordinance #1273, Perhaps that is what they are using against you.

 

[Modeler]

As a retired police officer I noticed that you said you were arrested for violating a city ordinance but you were arrested by county sheriff's. They are not able to, in most cases, enforce city ordinances. It seems logical to me that you may have been arrested for violating a county ordinance. If so, then living outside the city would be no defense.

Additionally, he may be outside the city limits but within the Urban Growth Boundary. Discharging a firearm within the UGB is illegal, IIRC.

ORS 166.220 - Unlawful use of weapon - 2013 Oregon Revised Statutes (http://www.oregonlaws.org/ors/166.220)

166.220¹
Unlawful use of weapon
(1)A person commits the crime of unlawful use of a weapon if the person:

(a)Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon as defined in ORS 161.015(General definitions); or

(b)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.

 

[slimmer13]

$30k bail, house searched and all firearms removed, 8 sheriffs deputies showing up, denied release and bail after court on Monday....for a misdemeanor? Anyone else's BS meter going off?

 

[Modeler]

$30k bail, house searched and all firearms removed, 8 sheriffs deputies showing up, denied release and bail after court on Monday....for a misdemeanor? Anyone else's BS meter going off?

It's a Class C Felony.

 

[Donaldor69]

How did the neighbors know it was a gun and not those illegal fireworks?

Looked Over my Fence wasn't hiding it

 

[Donaldor69]

Additionally, he may be outside the city limits but within the Urban Growth Boundary. Discharging a firearm within the UGB is illegal, IIRC.

ORS 166.220 - Unlawful use of weapon - 2013 Oregon Revised Statutes (http://www.oregonlaws.org/ors/166.220)

166.220¹
Unlawful use of weapon
(1)A person commits the crime of unlawful use of a weapon if the person:

(a)Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon as defined in ORS 161.015(General definitions); or

(b)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.

They Are going to use 166.220 Section B For Which i had no knowledge of but ignorance Doesn't legalize it. Meeting With Attorney Tomorrow. Just wish they would respond to 166.384 (Class C) unlawful Manufacture of destructive device. then Maybe us vets could get some peace thanks for the help Gentleman. Will Update tomorrow just how screwed I am.

 

[Hawaiian]

STFU and do not post on social media of any type. Lawyer up ASAP.

 

[RVTECH]

Just wondering - have you been shooting previous to this on your property with no issues?

 

[NWGlockgal]

They Are going to use 166.220 Section B For Which i had no knowledge of but ignorance Doesn't legalize it

I think you should just tell them you had no intent in breaking the law. if it's good enough for Hillary, it should be good enough for you.

I hope it all goes well for you.

 

[The Heretic]

Just to note, everyone should check to see if they place they are shooting is in one of the no-shoot areas defined by their county. You don't have to be inside the city limits. There are areas in unincorporated places that have been designated as no shooting allowed due to the population density/etc.

Most counties usually have maps of these areas. Check with your county sheriff for such maps - they usually have them online. Even if they are not online, check with them in person just to make sure. It can save you a lot of grief and expense.

FWIW, it is perfectly legal to shoot on my property, but I rarely do because it is hard for me to shoot in a safe direction as I have neighbors on three sides of me within 200 yards with no real safe backstops in those directions, especially that allows me to shoot more than about 10 to 20 yards or so, plus there are neighborhood dogs that roam around that don't ask permission before they do so - so I have to be really really careful.

 

[PiratePast40]

"within residential areas within urban growth boundaries"
I also live just outside the Salem city limits and this is the first time hearing that one. Good to know, and I would imagine that they can invoke it for other activities.