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Bill Attorney
Bill Attorney, Lawyer
Category: Criminal Law
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I accidentally fired my weapon when cleaning. It went into

Customer Question

I accidentally fired my weapon when cleaning. It went into the neighbors garage door. What do i do? I've never had this happen - ever!
JA: In what state did this occur?
Customer: Oregon
JA: Have you talked to a lawyer yet?
Customer: It just happened. No one is home next door
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's it.
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Bill Attorney replied 1 month ago.

This is attorney Bill.

Because the discharge of a firearm is a felony offense, your only recourse is to confront your neighbor and apologize as soon as possible and offer to pay for all damages.

If your neighbor makes a complaint you would be looking at least some kind of conviction, even if your attorney could negotiate some deal.

IF your neighbor has already made a complaint to the police, then you should hire an attorney. There is a a list of attorneys on the Oregon Bar website.

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Attorney Bill

Expert:  Bill Attorney replied 1 month ago.

The particular State law governing your question is title 166.220

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.

It is defined as a class C felony, you may have a successful defense as this was negligent rather than intentional.

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Attorney Bill

Customer: replied 1 month ago.
It was totally an accident. I was clearing the gun by ejecting rounds manually through the gun and I'm not sure what happened but it went off.
Expert:  Bill Attorney replied 1 month ago.

Because your act involved negligence rather than an intentional police may not file charges.

This really depends on whether after taking a statement, they believe that there was any intentional grounds.

I previously outlined the best course of action as what the police decide to do is out of your hands.

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Attorney Bill

Expert:  Bill Attorney replied 1 month ago.

Dear Customer ,

I hope you’re having a good day today. I see that you didn’t rate my answer positively.

PLEASE REMEMBER TO RATE GOOD TO GREAT after receiving an answer to your legal question.

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Attorney Bill

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