Attempting to Obtain a OR and WA conceal carry permit/license

[pietro beretta]

Hello,

When I was 15, (12+ yeas ago) I was charged with Misdemeanor Burglary charge in the state of California for petty theft from a big chain store.

[California law defines burglary under Penal Code 459 PC as "entering a structure with the intent to commit a felony, or a petty theft, once inside".]

With this charge be reason for Multnomah County Sheriff to deny my application?
With this charge be reason for Washington State to deny my application?

I am in the process of sealing my juvenile record with California, its been over 6 months and am still waiting to hear back from the courts. I have been in contact with the County in which this happened, they let me know they had not forgotten about me, but they found a couple of more items on my record that I didn't list to be sealed that they had to research -- 3 bicycle helmet violations .

(I forgot that I had 3 bicycle helmet violations -- I received citations for them between the ages of 14 - 16. Yes, for some reason the city I lived in deemed it VERY important to set up "traps" for those kids who didn't wear their helmet. LEO's would wait behind buildings for us to pass, and creep down private roads and use multiple cruisers to enforce that law. )

Would it just be wiser to wait until my juvenile record is sealed before applying?

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[coupeowner]

I'm looking at the Multnomah County form, and I don't even see where Multnomah County asks for anything over 4 years ago as far as a misdemeanor. So shouldn't be an issue. Looks like you meet the requirements to me, and remember that Oregon is a shall issue state. Not sure about the Washington application or requirements. Good Luck.

 

[pietro beretta]

Thanks for your reply!

I didn't see anything in the application that would make me ineligible either, its just when I purchased a firearm here in Oregon for the first time my background check was delayed. I knew/know I can legally possess a firearm, so I just picked it up after 24 hours of the delayed notice.

(I called the State Police, that is when I first found out CA lists petty theft as burglary, I was devistated hearing burglary -- I literally almost cried, then I got SUPER PISSED -- I guess they delayed me because the bakground check didn't note if it was a felony or Misdemeanor :huh: )

I just don't want to pay the 65$ to apply and get denied and be out of that money.

 

[g.i. joe]

Constitution Carry??

 

[pietro beretta]

Constitution Carry??

I keep my pocket Constitution in my glove compartment, no joke.

 

[Burt Gummer]

What did you steal from the big chain store? Come on, I am curious. Since about 50% of teens commit shoplifting at some point it is no big deal. I would have had that on my juvy record myself but I was faster on my feet than the security staff at Fred Meyer. Teens do dumb stuff but it is fun to look back on it, shake your head, and laugh.

 

[pietro beretta]

Well I was a spoiled brat for a long time, I received what ever I wanted. Well one day, it all stopped -- little did I know of my parents financial issues -- so when I didn't get what I wanted I went to an extreme for some dumb reason.

I allegedly attempted to steal a disk-man.

I went on a Diversion Program: did 80 hours of community service, did the "scared straight" program, paid restitution and wrote an apology to the store.

 

[Burt Gummer]

No big deal. Everyone makes mistakes. Every time I hear "scared straight' I think of the Beavis and Butthead episode where they get sent to that program then buddy up with the prisoners and don't want to leave. They then sneak onto a bus to get back inside, lol.

 

[pietro beretta]

I wish my parents were more tuned into the law.

For one I was searched, arrested, finger printed, they took my statement and left me in handcuffs, I remember one officer going out to talk to my parents about what I did and their options; that's when the 2nd officer read me my Miranda Rights.

::sigh::

 

[pietro beretta]

No big deal. Everyone makes mistakes. Every time I hear "scared straight' I think of the Beavis and Butthead episode where they get sent to that program then buddy up with the prisoners and don't want to leave. They then sneak onto a bus to get back inside, lol.

It was interesting going into CMC (California Mens Colony: State Prison), we were in the East facility.

One of the other kids thought it was funny, and an inmate walked towards him with his hand out, as if to grab him, and about 5 prison guards tackled the inmate to the ground -- all of our parents were in the back in chairs and they were freaking out, all of us kids that were there were freaking out -- the other inmates instinctually dropped to the ground with their arms and legs spread -- it was quite a show.

I wouldn't be surprised if they only do the program in the West facility, if at all now

 

[Misterbill]

If it was truly a misdemeanor (not a crime publishable by 2 years or more in prison) you should be OK in a shall-issue situation unless Oregon has some weird thing I'm not aware of.

It's not the nature of the crime, it's the maximum POSSIBLE punishment that determines whether you are a PP. In Mass, the max penalty for a first time DUI is 2 years. They did this on purpose to make you a federally PP for life if you get a DUI in that state.

If it was a California misdemeanor, it should, by definition have a maximum penalty of 1 year in jail. You may need to have a lawyer look over your original charging documents. Whatever they TOLD you, if you were charged with a crime and convicted for something that has a max penalty of 2 years or more, you are a felon and therefore a federally prohibited person.

Getting the record sealed may or may NOT fix that. I would definitely talk to a California lawyer who is well acquainted with firearms laws about this. Joe Dufus who passed the Ore. bar will not be much help and may give you very BAD advice..

 

[pietro beretta]

If it was truly a misdemeanor (not a crime publishable by 2 years or more in prison) you should be OK in a shall-issue situation unless Oregon has some weird thing I'm not aware of.

It's not the nature of the crime, it's the maximum POSSIBLE punishment that determines whether you are a PP. In Mass, the max penalty for a first time DUI is 2 years. They did this on purpose to make you a federally PP for life if you get a DUI in that state.

If it was a California misdemeanor, it should, by definition have a maximum penalty of 1 year in jail. You may need to have a lawyer look over your original charging documents. Whatever they TOLD you, if you were charged with a crime and convicted for something that has a max penalty of 2 years or more, you are a felon and therefore a federally prohibited person.

Getting the record sealed may or may NOT fix that. I would definitely talk to a California lawyer who is well acquainted with firearms laws about this. Joe Dufus who passed the Ore. bar will not be much help and may give you very BAD advice..

It is a misdemeanor, if it were any worse California would not have let me purchase the 15+ firearms in my collection, I started with the 10/22 at 18.

Plus the new firearm I purchased in Oregon 6 months ago, I am sure the state police would have already knocked on my door if I was a prohibited person.

When my background was delayed, it was because they had to research whether my charge was a misdemeanor or a felony -- again if it was worse than a misdemeanor then state police would have already paid me a visit.

I did a diversion program so I did not go to jail; for my diversion program, I did 80 hours of community service, did the "scared straight" program, paid restitution and wrote an apology to the store -- are all misdemeanor penalties.

Also, I recently talked to the probation department in the county in which the offence occurred, and even though its taking longer than I thought it would, I was already assured that I am the least of CA's worries and it wont be a problem closing my file. (and I have a feeling I am literally the least of their worries and that's why its taking this long to seal my file)

 

[pietro beretta]

The wife and I just took the safety class at the Multnomah sheriffs department tonight (last night) for valentines day (my wife chose this instead of a $150 dinner, I CHOSE RIGHT FELLAS) and submitted our applications so we shall see what happens, I will let you know!