Do I have to ‘sell’ my firearms while on probation?

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Do I have to ‘sell’ my firearms while on probation?

Recently convicted of a second DUII in Clackamas County Oregon. Part of the sentence is 2 years probation. Can I have a friend store them for me while on probation and would I have to remove the ammo as well?

Asked on October 9, 2019 under Criminal Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Possession includes ownership--not merely whether you have them accessible at the time. Therefore, it's not enough to have a friend hold them for you, just it would not be enough to lock them in safe: since you would still be the owner and could legally choose to access them (i.e. have your friend give them back), you'd be in violation of your probation if you only gave them to someone to hold for you. You need to fully divest yourselves of your firearm--sell or give them away.


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