Oregon Woman who fatally shot friend in downtown Portland gets 100 days in jail for not having gun permit

[Joe Link]

Woman who fatally shot friend in downtown Portland gets 100 days in jail for not having gun permit

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[powermad]

A lot of wow in that story.

 

[Lilhigbee]

Sounds like a good shoot. Glad she wasn't prosecuted for that.

I question whether the "...gun was legally bought..." since she has a diagnosis of schizophrenia and a history of drug abuse, both of which precludes a legal firearms purchase, though it is possible she purchased it before those things occurred.

"It will be destroyed by authorities." Thank God for that!! Everyone will be so much safer!! By that logic if you drive without a license they should destroy your car. How about you auction it off like any other confiscated property and use the money for something worthwhile instead of wasting money to destroy it?? Effing tards!!

I wonder what the Salvation Army's reasoning is for throwing her out?? Because she defended herself?? Because of the illegal possession conviction?? We don't mind someone "previously diagnosed with post-traumatic stress disorder and schizophrenia" on coke and meth, but don't prepare to protect yourself.

 

[Capn Jack]

A lot of wow in that story.

Don't you mean WTF?

 

[SynapticSilence]

Actually, simply having a psychotic disorder or a history of substance abuse isn't grounds for any firearms restriction. Even short term involuntary hospital holds of up to five court days (one week) don't themselves result in that restriction. The person has to be referred to a civil commitment hearing and be civilly committed by a judge in order to earn a lifetime restriction from purchasing or possessing a firearm. A civil commitment is an involuntary psychiatric hospitalization of up to 180 days, under the control of the State Mental Health Authority, that is ordered by a judge due to the person having a mental disorder and, as a result, being dangerous to himself/herself, dangerous to others, or unable to provide for their basic needs for safety. There is also now another statute that enables a judge to issue an order precluding persons from purchasing firearms and removing the firearms from their possession if they own any, but this is a temporary restriction, not the permanent restriction that a civil commitment imposes. Again, though, this requires the actions of a judge. FYI, I was a civil commitment investigator for Washington County, Oregon, for 17 years and am now a Civil Commitment Examiner for Multnomah County. As I result, I've dealt with this area of the law almost every day during that time.

 

[SynapticSilence]

And they're not "schizos." They're people who suffer from a psychiatric disorder that affects a significant number of people through no fault of their own. Sadly, schizophrenia often first manifests itself when a person is in his or her late teens or early 20s. Parents get to watch children who perhaps looked like they were going to have all the success in the world turn into someone they can barely recognize. Labeling them like that just dehumanizes them. It's not a life anybody would choose, I can tell you that. And my experience is that all of us, me included, could probably have a label or two tossed our way.

 

[Fast Eddie]

I question whether the "...gun was legally bought..." since she has a diagnosis of schizophrenia and a history of drug abuse, both of which preclude a legal firearms purchase, though it is possible she purchased it before those things occurred.

It was the attacker, who tried to stab the defending party, that had the schizophrenia and history of drug use.

As for the homeless woman defending herself....."Sorry, you're poor and homeless? The second amendment only applies to people who can afford a permit and have a permanent address."

 

[Fast Eddie]

And they're not "schizos." They're people who suffer from a psychiatric disorder that affects a significant number of people through no fault of their own. Sadly, schizophrenia often first manifests itself when a person is in his or her late teens or early 20s. Parents get to watch children who perhaps looked like they were going to have all the success in the world turn into someone they can barely recognize. Labeling them like that just dehumanizes them. It's not a life anybody would choose, I can tell you that. And my experience is that all of us, me included, could probably have a label or two tossed our way.

I agree that these people need to be treated with compassion whenever possible.
A lot of people that end up in rehab for hard drugs, when you drill down, either have a history of abuse or a mental illness they are trying to medicate.

 

[Lilhigbee]

Actually, simply having a psychotic disorder or a history of substance abuse isn't grounds for any firearms restriction.

I reread the 4473 and you are correct about mental illness. I edited my post. However, line 11e is quite clear about drug use.

And they're not "schizos."

Edited again. Wouldn't want to offend.

It was the attacker, who tried to stab the defending party, that had the schizophrenia and history of drug use.

No. Read it again.

 

[Fast Eddie]

No. Read it again.

Don't tell me how to live my life.

 

[Nick Burkhardt]

So this was a homeless woman who shot a homeless man pretending to be a woman?

 

[nwslopoke]

When crazy people do rational acts. She's been carrying a gun but never used it until she was attacked. Unfortunately the DA couldn't leave a sad situation alone and had to get...something (100 days).

We do have a horrible mental health system or lack of one. Go to some parts of Portland after dark. Not horribly dangerous but definitely high chance of getting involved in unnecessary encounters. I bought a woman a burrito one night. She ended up running, screeming into downtown traffic at night.

Most people aren't violent but a lot of people are aggressive. Sounds like this woman was lucky to have a way to defend her life. A trans woman probably didn't need a knife to fight a woman, so I would think this was a real attack and not posturing.

 

[orygun]

No. Read it again.

No, I don't want to. It made my head spin the first time!

Trash taking out the trash...

 

[OldBroad44]

I wonder what the Salvation Army's reasoning is for throwing her out?? Because she defended herself?? Because of the illegal possession conviction?? We don't mind someone "previously diagnosed with post-traumatic stress disorder and schizophrenia" on coke and meth, but don't prepare to protect yourself.

I find in an internet search of "Salvation Army shelter rules" that there is a no weapons policy--no guns or knives. They are probably assuming that she was carrying in their shelter. And my guess is that those running the shelter have the ultimate say over who they admit. Presumably nobody has a right to be admitted to these shelters. If so, they don't need proof she was carrying in their shelter. And even if they deliberately work with people with drug and alcohol problems and mental illness--if they are unarmed--this doesn't mean they are going to be comfortable taking on someone who has shown she is inclined to carry a gun, whatever the rules or laws, and has already killed one friend.

 

[OldBroad44]

When crazy people do rational acts. She's been carrying a gun but never used it until she was attacked. Unfortunately the DA couldn't leave a sad situation alone and had to get...something (100 days).
.

She was carrying a concealed weapon without a license. She should have gotten something. I haven't seen anything on penalties for carrying concealed without a license. I would be curious to know how that 100 days in jail compares to getting caught CC without a license in the absence of the shooting.

 

[nwslopoke]

I know from living in LA getting caught with a gun is used a lot in plea bargins. They drop the gun charge if you admit to something. The court system just wants to win easy cases.

 

[OldBroad44]

Does anyone know the penalty for carrying concealed without a licence IN OREGON in the absence of any other crime or transgression or irregularity?

 

[Nick Burkhardt]

Does anyone know the penalty for carrying concealed without a licence IN OREGON in the absence of any other crime or transgression or irregularity?

Class B misdemeanor

ORS 166.240 - Carrying of concealed weapons - 2017 Oregon Revised Statutes

 

[OldBroad44]

Class B misdemeanor

ORS 166.240 - Carrying of concealed weapons - 2017 Oregon Revised Statutes

The penalty for a Class B misdemeanor is up to one year in jail and up to $2500. If carrying concealed without a license is a Class B misdemeanor, that's what they could have given her completely in the absence of any shooting.

Article says murder charge was dropped; she was convicted of illegal possession. That might have been because of the drugs she confessed to being on at the time. Article didn't say anything about a charge specifically for the CC carrying without a permit. Anyway, it seems that they dinged shooter only for violation in possessing or carrying gun, not for the shooting.

 

[Nick Burkhardt]

Multnomah County has made their own rules against carrying a loaded firearm or magazine without having an Oregon CHL.