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City of Portland

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14C.30.040 Seizure and Disposition of Weapons.

A.  The Bureau of Police may seize and take possession of any dangerous or deadly weapon that is possessed unlawfully, or used unlawfully, or used for an unlawful purpose.  The weapon shall be held subject to disposal as provided in this Section.

B.  If it is determined that the weapon was not possessed, carried, or used unlawfully, the weapon  shall be released to the lawful owner if he or she files a timely written claim with the Bureau.

1.  A claim is timely if it is filed:

a.   Within 60 days after the weapon was seized, if it was not held for use as evidence, or

b.  Within 60 days after it was released by directive of the Chief of Police or court order, if it was held for use as evidence. 

2.  If there is a question as to ownership or right to possession, the weapon shall be released as ordered by the court.

C.  If the name and address of a person entitled to claim possession of a weapon under Subsection B. is known to the Bureau of Police, the Bureau shall give that person notice as provided in Portland City Code 14C.20.

D.  If the weapon is not claimed under the provisions of Subsection B. or was possessed, carried or used unlawfully by the owner, it is a nuisance.  Subject to a court order to the contrary, the weapon shall be disposed of as provided in Subsection E. to G.

E.  Subject to approval of the, Property/Evidence Division, if the weapon is a firearm suitable for use by the Bureau of Police, it shall be added to the inventory of the Bureau.

F.  Subject to Subsection C. if the weapon is a shotgun or rifle, it shall be delivered to the Property/Evidence Division, which shall dispose of it in the same manner as surplus property.  However, disposal shall be only to persons who have prequalified with the Property/Evidence Division as being licensed to sell firearms at retail.

G.  Any weapon described in Subsection D. that is not disposed of as ordered by the court, or as provided in Subsection E. or F., shall be destroyed by the Property/Evidence Division.