It was the gun used in a deadly high school shooting. Now the gun's owner is asking a judge to not only return that rifle, but the handgun and ammunition too.
Lucas Padgett is the brother of the Reynolds High School gunman, Jared Padgett, who killed a student and injured a teacher last year.
Court documents filed by Lucas Padgett's attorney claim the gun was stolen and is no longer being used as evidence, but the Troutdale Police are holding it anyway. That is the same argument Padgett made on Wednesday in Multnomah County Court.
Since the shooting in June 2014, Lucas Padgett hasn't been prosecuted as the gun owner. Troutdale City attorney Edward Trompke argued he could still press charges, but for what he wouldn't say.
Judge Michael Greenlick told the City of Troutdale they have 45 days to prove they're investigating a crime or give his guns back.
After the 45 day period, Lucas Padgett and his attorney have two weeks to respond. Meaning they could be back in court within the next couple months.
Copyright 2015 KPTV-KPDX Broadcasting Corporation. All rights reserved.