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Assault 4 and firearms

Discussion in 'Legal & Political Archive' started by Dyjital, Feb 15, 2015.

  1. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Assault 4 is what I meant.. Waited too long to fix the title..


    Not meant to be taken as legal advice...


    I'm legal, no record, CHL carrier etc... This isn't for me.


    Here is the info:

    Young man who is a dear friend of mine for the last year and a half whom I've invested a LOT of time into was handed an ASSAULT 4 for grabbing his girlfriend at the time by the throat.

    October 2012 was when it happened.

    According to oregon law he would be prevented from buying/selling firearms for a 4 year period. I've read the ORS and I can't figure out of it bars possession (using mine), or if he had one beforehand if he could use it.

    Currently he owns NO firearms.

    Without making a judge of character and going by ORS can he go shooting with me?

    He has spoken with city, county and state police and has gotten mixed answers. As of recent he called me today to tell me that somebody at OSP said he could go shooting/hunting he just cannot buy/sell.

    What's your take?
    Sorry I would pull up the ORS but I'm on my phone and wife is on computer right now.
     
    Last edited: Feb 16, 2015
  2. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    http://www.oregonlaws.org/ors/166.470

    http://smartgunlaws.org/domestic-violence-and-firearms-in-oregon/

    The above^^^^ is how I interpret it as well.

    And the below states that under federal law they (firearms) cannot be removed if they are already owned.

    http://smartgunlaws.org/federal-law-on-domestic-violence-firearms/

    So as long as oregon doesn't consider a transfer between two people for shooting a legal transfer of ownership like I-594 it appears he could go shooting or use one of my rifles for hunting.
     
    Last edited: Feb 15, 2015
  3. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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    I understand the goal is to definitively establish if he is legal to go, But my first thought is under what circumstances would it ever become an issue? I mean it seems to me the likelihood of it ever becoming a problem is seriously remote. Your guns in your possession, someone else just happens to be along to enjoy the day. I cant even imagine a set of circumstances where they would check the legal status of someone who is not in possession of the firearm. I mean if by some crazy chance the cops come along and want to verify something (I am not even sure what) I would think the first question would be "who's owns these guns" when you answer me what could they possible infer with the kid with you? I mean even someone who is not allowed to own guns is not restricted from being in the vicinity of guns? I know that does not help, but personally if I felt good about the kid and knew he was not a convicted felon or other flat out prohibited person (and it does not sound like he is, even by Oregon law) Id take him shooting and not think twice about it. The law says he cant buy one, So dont sell him one. Go shoot and have fun would be my approach
     
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  4. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Yeah, I agree IronMonster.

    My hesitation was/and/is the same as if I had a felon with me. Have a dear friend who got nailed 25+ years ago for pot and I can't have an uncontrolled firearm around when he is.

    So yeah one part of me says go!, the other part says: make damn sure he can handle one.
     
    Last edited: Feb 16, 2015
  5. Scvette

    Scvette Olympia Active Member

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    Tell your friend with the 25 yr old pot arrest to go get his firearms rights back,it's really not that hard,especially if he has no other arrests after that old one.
    ith t
     
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  6. jluck

    jluck Really,Really, Close to Newport Oregon 97365 Voted #1 Member

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    Misdemeanor? Absolutely he can go shooting and even have his own guns He Can't buy his own new gun any longer with a assault Misdemeanor on his record. When the 4473 is called in he will get a fail and cops now have to come out and investigate every time. It's another form of gun control and back door right stripping.

    A person can end up with a assault charge from yelling at a barking dog these days.

    And for clarity, He has a Assault 4 charge not a Misdemeanor 4, Yes?

    I'm so....so sick of it.
     
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  7. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Oops.

    Assault 4

    I'm terrible with these things. Yeah. You are right.

    The reason is because it's the odd one in all of the assault charges.

    I also read somewhere that on the FED level there is no end time for buying firearms like the state has and 4 years.
     
  8. Tbucket

    Tbucket Olympia,Wash. Active Member

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    Assault four is a misdemeanor assault charge, the least you can be charged with.
     
  9. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    I find it kinda funny know one has asked if he quite abusing women yet.
    I could care less the circumstances,no need to choke a woman.
    just saying.
     
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  10. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    MmmmHmmm..... o_O
     
  11. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Since you don't personally know me I'll forgive the information that you don't know.

    To enlighten you I don't deal lightly with abusers. The incident happened prior to us knowing each other and since then I've seen a complete transformation in his life.

    So to answer your question with something other than a question I'll say this: I wouldn't be asking if he was an abusive person. Infact I would have no dealings with him if that were the case.

    But ya see, the question you asked "is he done" is irrelevant because I never asked "should be be allowed to if he still abuses".

    I get a little personal on this subject, so that's why I forgive the question since you don't know my internal workings.


    o_Oo_Oo_Oo_Oo_O
    ;););););)
     
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  12. jluck

    jluck Really,Really, Close to Newport Oregon 97365 Voted #1 Member

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    And it should have zero to do with his 2A rights.

    I've met a couple women who needed choked out.
     
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  13. forefathersrback

    forefathersrback Central Oregon Well-Known Member

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    Dyjital; If I was in his shoes I'd do my four yrs and a wake up! Then go shooting. Or talk to an attorney before handling a firearm.
     
  14. forefathersrback

    forefathersrback Central Oregon Well-Known Member

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    I've met a couple of men that have been choked out, for choking others out. Just sayin'.
     
  15. Scvette

    Scvette Olympia Active Member

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    Your last sentence is almost true,if you get a expungment,pardon or the easiest one,your conviction set aside you can purchase guns and even get a CPL. If you look on the form for buying guns I think it's the 4474 form one of the question
     
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  16. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Thanks. I looked on the 4473 and I think I'll print it out and read it over and over for what it says on 11.i

    Also to note: Oregon law prohibits buying/selling within 4 years.

    The question though is can they possess before the 4 years are up. 18 months before he can purchase/sell etc FFL OR private party. So far it appears that he can, according to how I interpret it and a couple others have alluded to.
     
    Last edited: Feb 16, 2015
  17. DMcGPNW

    DMcGPNW SW WA Member

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    Your buddy should speak with an attorney in the state of conviction. The event you describe may have resolved as an Assault in the 4th degree, which is a gross misdemeanor (here in Washington at least). However, what you describe may have been charged with a domestic violence aggravator. That would lead to a restriction in his ability to possess firearms. Better safe than a felon.
     
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  18. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Oregon.

    Assault 4 only, no extras.

    It was a felony but that was dropped to the misdemeanor after he served 2 years probation with no altercations with the law etc.

    That leads me toward just being a buying/selling in Oregon and no CHL for 4 years.

    166.470(1)(g) etc... :)
     
  19. DieselScout

    DieselScout S Clackamas County Well-Known Member

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    Does he have any current probation? If not and it is listed on his criminal history as a misdemeanor he should be good to go for shooting with you. If he is on probation or its listed as a felony then it is no go. Only way to find out how its listed is to pay for a background check..
     
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  20. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Thanks DieselScout, no probation. All is satisfied.