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
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:
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.