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Armchair Lawyers please help me out..Can I buy a gun? OR

Discussion in 'Legal & Political Archive' started by AKpride, Sep 3, 2013.

  1. AKpride

    AKpride Portland New Member

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    I am embarrassed about this but a couple years back I had an unfavorable run in with a girl I was into, I got harassment charge out of this and nothing more. As fate has it we ended up dating long after the debacle was settled and now we have been living with each other for almost a year.

    My question is, does my harassment charge all the sudden turn into a misdemeanor of domestic violence because we live together now?

    The definition of misdemeanor of domestic violence is pretty clear here.
    The Oregon Domestic Violence Guide | Oregon Domestic Violence laws, procedures, and penalties | Information from a Portland Domestic Violence Defense Lawyer

    It may just be me looking through rose colored glasses but I am just not feeling satisfied with the whole "Is living with" being the final factor and it being able to change instantly depending on whether or not I am currently living with this amazing woman or not.

    On my conviction papers from the court there is nothing about a misdemeanor of domestic violence. For additional clarification, I do not have a restraining order against me, I did but it was discharged at my conviction.

    Anyone got any thoughts on this, or should I start looking at getting it expunged.
     
  2. oknow

    oknow amboy wa. Well-Known Member

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    you get what you pay for with armchair lawyers and very seldom do they agree on anything
     
  3. AKpride

    AKpride Portland New Member

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    Just looking for some constructive thoughts coming my way before I have result to paying a lawyer to answer a simple question.
     
  4. Don H

    Don H Oregon Well-Known Member

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    Seek advise of a real lawyer. Also, why on earth would you be with someone who brought you up on bunk charges? What happens when the next mood swing occurs? I'd get a lawyer and run as far away from that 'amazing' woman as possible.
     
    BSG 75, ocarolan, solv3nt and 10 others like this.
  5. Don H

    Don H Oregon Well-Known Member

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    Concealed Handgun, License to Carry - Oregon Licenses, Permits and Registrations

    1. Citizen of the United States; or
    Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license.
    2. 21 or older.
    3. Not a convicted felon.
    4. Not convicted or found guilty of a misdemeanor.
    5. No outstanding warrants for your arrest or free on any form of pretrial release.
    6. Demonstrates competence with a handgun per ORS 166.291(f).
     
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  6. PopsBdog

    PopsBdog Southern Oregon Active Member

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    Get a copy of the charge, and outcome from your state Attorney Generals office.
    That is what it is. It doesn't change later unless you get it expunged.
    And as far as I understand it, for adults in most states only felonies can be expunged or pardoned.

    To be domestic violence you have to be violent in a domestic situation like where you are now.

    ^^
    That #4 is a kicker.
     
  7. AKpride

    AKpride Portland New Member

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    I know I am not eligible for a concealed carry, I am just trying to buy from a shop. I believe I am able to get it expunged because of some communication with my lawyer and the D.A. saying that by the time I "finish" college I will be able to expunge it.

    BCdon while I would agree with you generally the state actually was the one to file charges..

    Still a little confused on whether or not I qualify?
     
  8. PopsBdog

    PopsBdog Southern Oregon Active Member

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    If you can get it expunged. Do it. Don't hesitate. It is worth it to have clean paperwork.

    First time I tried to buy a gun in Oregon, I was delayed, and denied.
    Talk about embarrassing. That's what will happen if it does matter.

    When I cleared up the paperwork, I went back to the gun shop and now we joke about it.

    Call the Oregon State Police and talk to someone there. There is a number on their website. You will get a clear answer from them because it is up to them to say Yay or Nay.
     
  9. drew

    drew OR Well-Known Member

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    If the conviction isn't a domestic violence offense, you should be ok.
    You can get a CHL if it's been four years after a misdemeanor conviction.

    Most misdemeanor convictions don't impact your ability to purchase a firearm from a dealer.
     
  10. Tomas204

    Tomas204 Oregon City Member

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    Forrest I would run like she's on fire if you got any charges from anyone, there is something wrong here and I believe it is you two, if they/her charge you again you're screwed JMHO
     
  11. Caveman Jim

    Caveman Jim West of Oly Springer Slayer 2016 Volunteer

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    P Wed....
     
  12. unklekippy

    unklekippy In The Mountains Near Sprague River Well-Known Member

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    As an Armchair Lawyer, I have consulted my book of laws. It states, "...Shall Not Be Infringed..", so yeah, you're fine.

    It was good enough for our Founders to separate us from Europe, so anyone believing illegal laws influence gun ownership has a place in The UK. Why anyone believes that laws that fly directly in the face of the actual "Law of The Land" should be followed is far beyond me.

    How did we get to a place where our "leaders" can blatantly defy our rulebook, creating laws where none are allowed, while "suspending" laws that make us a country(Illegal immigrants)? What country has no borders? If the only answer is The United States, how are ANY of our laws viable if that is the case? Also, how is it tat the one law that keeps the government in check is somehow controlled by the government it is there to check?
     
  13. evltwn

    evltwn Gold Hill Oregon Bronze Supporter Bronze Supporter

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    FFS, SEE AN ATTORNEY! And please, pretty please, let us know the next charge she levels against you. Its not a matter of if...
     
  14. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    Do you have any warrants against you? How do you know. Unless you are in prison or have a lawyer you can't "know" and even then the Sheriff has been known to miss some.

    $100 for a lawyer -vs- prison
     
  15. unklekippy

    unklekippy In The Mountains Near Sprague River Well-Known Member

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    In all honesty, if I gave a rat's *** about Unconstitutional gun laws, I would consult a lawyer. "Some people on an internet forum told me..." does not a defense make.

    I can be reasonable, but bear in mind when you ask a question like that on a forum like this one, you will get people like me who can't believe that we allow our government to take away our means of self defense because of an argument with a woman. How could anyone ever think that any form of government has that power? There is a reason why it shall not be infringed upon, and those doing the infringing are not part of the problem, but all of it.

    It's funny that when guns are everywhere, crime rates drop at incredible levels. When gun control is everywhere, people end up with a phone next to their lifeless head and a busy signal on the other end of a 911 call.

    I ain't a lawyer and I ain't no Dr. Phil, but take heed of the warnings about that amazing woman. She may be all that and more, but these things generally repeat themselves and do not work out in your favor. They were able to make a very successful TV show on the subject called COPS. It regularly shows dudes in handcuffs getting escorted from their own homes while the woman they "love" goes inside to start working on the next fool they can take for a ride. I honestly wish you luck. I hope it doesn't happen a second time. Of course, if it does, let us know what episode of COPS to watch.
     
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  16. Muddslinger12

    Muddslinger12 Vancouver Active Member

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    NO you cant

    Trust me Im a Lawyer I pased a online course and eerthing

    No seriously consult your lawyer. If you dont have one, get one. With a girlfriend like that you gonna need it.

    Hypothetically if you did get a gun, sometime later she crys wolf, they will take it along with any hope of getting it back so be very careful especially if she is an Anti gunner.

    I feel for ya man hope it works out for ya. I dont wanna say ditch her although everyone else is thinking it. Its near impossible to build a relationship with no trust, and not many guys (including me) would trust a chick that pulled some junk like that on them. But love is a crazy little thing (according to the King) so I really do hope it works out for you, soo many ways for it to Hit the Fan!
     
  17. Kevinkris

    Kevinkris Aloha Well-Known Member

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    here's an idea... pick out a gun you like in a store of your choosing and try to buy it. if it doesnt go through, take it up with the sheriff. the worst that can happen is they will say no.
     
  18. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    Go to gun store, fill in forms, get background check. You'll either be walking out with a gun or not. Just do it.
     
  19. Brutus57

    Brutus57 Skagit County Well-Known Member

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    guns or tang, therein lies the rub!

    I'm with the rest of the misogynists :laugh: (that's a joke ladies and gents) on this thread. Find a new version of wonder woman.
    Get your record clean as quick as you can. You want to be squeaky for the rest of your natural life. Any blemish will close doors and you just found one early in your life unless you get it cleared up ASAP. It's will be worth several hundred if that's what it takes.

    Brutus Out
     
  20. AKpride

    AKpride Portland New Member

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    Regarding just walking into a shop and filling out the app, I am worried I may "accidentally" "lie" when I come to the question asking about an intimate other. Going off memory last time I saw the form I couldn't come up with a solid yes or no.. and this girl did not press charges, the state did.. Its a long story.