Buying a gun with a misdemeanor person to person 13 yrs ago

[Tarawa86]

I had the Kali DOJ put a "delay delivery" on one 4473 for a NFA lower. When I called them to question the action, they said it was for a vehicular felony "arrest" in 1970. I told the DOJ that the charge ended up a misdemeanor. The DOJ said to contact the court where it was tried and get a copy of the disposition. When I went to the court clerk's office, 70 miles away, they said they don't keep misdemeanor records past 1975 (that was 9 years ago). I relayed that information to the DOJ and reminded them that an arrest is not a conviction. Since there was no felony record, they released my lower. PAX

This is one of the things that bugs the crap out of me about our justice system. Arrests records should be amended to reflect the final disposition and removed in the case of dropped charges. There was that cop in Corvallis that falsely arrested a guy for DUI in 2007 (i think); charges were dropped but now the guy had an arrest record and couldn't get a job because it kept coming up in background checks. I believe Oregon law was amended because of this case.

 

[Jonnyuma]

Any person to person crime will get you nixed from buying a gun, be it felony or misdemeanor. I had an assault 4 back in '06, which was a misdemeanor bar fight and had to have it annulled. It cost me around $1200 but it was well worth it!

I had a similar beef back in '92. The cops rolled-up on two drunk 20-somethings rolling around in the parking lot of a crappy dive bar in Nowheresville, AZ and hauled us both in (Hey, the bartender TOLD us to take it outside... ).
The arresting agency printed and booked me then, after a time, took me to county. Maricopa county did NOT print me and l got released (O.R.) a bit later. The charge was Disorderly Conduct, a misdemeanor

I attended the "classes" as ordered and everything went away, charges left "unfiled".. until 2017.
I got a delay and traced it back to that incident, a long ago and mostly forgotten relic of a wilder youth... right?

Since the county never booked me, there was no record of my release and subsequent dismissal of charges at the county level. But, apparently they had a record of me BEING there, detained. The municipal cops destroyed all of the paper records years (decades?) ago and were 0 help. It was a stupid, beuracratic Catch-22 that took me and the OSP Challenge Line 5 months to unravel and get the "Proceed" from OSP.

Unfortunately, even as a current model citizen, CHL holder, and all-around good guy, I'll probably be in the NICS/OSP queue longer than that for my newest gun... 20,000 in front of me and OSP deliberately slow-walking BGCs as of last week mean a looong wait.

I have no idea what ever happened to the other guy. He was an a-hole anyway... that's what we were fighting about in the first place. FAFO.

 

[laserkote]

If the misdemeanor you were charged with could have carried a year of jail, that could be

I had a similar beef back in '92. The cops rolled-up on two drunk 20-somethings rolling around in the parking lot of a crappy dive bar in Nowheresville, AZ and hauled us both in (Hey, the bartender TOLD us to take it outside... ).
The arresting agency printed and booked me then, after a time, took me to county. Maricopa county did NOT print me and l got released (O.R.) a bit later. The charge was Disorderly Conduct, a misdemeanor

I attended the "classes" as ordered and everything went away, charges left "unfiled".. until 2017.
I got a delay and traced it back to that incident, a long ago and mostly forgotten relic of a wilder youth... right?

Since the county never booked me, there was no record of my release and subsequent dismissal of charges at the county level. But, apparently they had a record of me BEING there, detained. The municipal cops destroyed all of the paper records years (decades?) ago and were 0 help. It was a stupid, beuracratic Catch-22 that took me and the OSP Challenge Line 5 months to unravel and get the "Proceed" from OSP.

Unfortunately, even as a current model citizen, CHL holder, and all-around good guy, I'll probably be in the NICS/OSP queue longer than that for my newest gun... 20,000 in front of me and OSP deliberately slow-walking BGCs as of last week mean a looong wait.

I have no idea what ever happened to the other guy. He was an a-hole anyway... that's what we were fighting about in the first place. FAFO.

Mine started out with "attempted assault 2"? Not sure why that was, we were just fighting, but it scared the sh!t outta me because that still fell under measure 11. I ended up pleading to assault 4, some fines an community service. Nonetheless , I paid the price to get my rights back and now I am also an FFL type 07, so that's cool

 

[Alexx1401]

I had a similar beef back in '92. The cops rolled-up on two drunk 20-somethings rolling around in the parking lot of a crappy dive bar in Nowheresville, AZ and hauled us both in (Hey, the bartender TOLD us to take it outside... ).
The arresting agency printed and booked me then, after a time, took me to county. Maricopa county did NOT print me and l got released (O.R.) a bit later. The charge was Disorderly Conduct, a misdemeanor

I attended the "classes" as ordered and everything went away, charges left "unfiled".. until 2017.
I got a delay and traced it back to that incident, a long ago and mostly forgotten relic of a wilder youth... right?

Since the county never booked me, there was no record of my release and subsequent dismissal of charges at the county level. But, apparently they had a record of me BEING there, detained. The municipal cops destroyed all of the paper records years (decades?) ago and were 0 help. It was a stupid, beuracratic Catch-22 that took me and the OSP Challenge Line 5 months to unravel and get the "Proceed" from OSP.

Unfortunately, even as a current model citizen, CHL holder, and all-around good guy, I'll probably be in the NICS/OSP queue longer than that for my newest gun... 20,000 in front of me and OSP deliberately slow-walking BGCs as of last week mean a looong wait.

All this to "keep us safe". Meanwhile the same state has how many armed scum running around shooting at each other? They get caught with guns how many times and let go? Sure glad they run someone like you through all kinds of hoops and delays though. I am sure the people who live there are FAR safer with you getting a hassle as they let the scum who they catch and release go over and over again.

 

[billdeserthills]

I had a similar beef back in '92. The cops rolled-up on two drunk 20-somethings rolling around in the parking lot of a crappy dive bar in Nowheresville, AZ and hauled us both in (Hey, the bartender TOLD us to take it outside... ).
The arresting agency printed and booked me then, after a time, took me to county. Maricopa county did NOT print me and l got released (O.R.) a bit later. The charge was Disorderly Conduct, a misdemeanor

I attended the "classes" as ordered and everything went away, charges left "unfiled".. until 2017.
I got a delay and traced it back to that incident, a long ago and mostly forgotten relic of a wilder youth... right?

Since the county never booked me, there was no record of my release and subsequent dismissal of charges at the county level. But, apparently they had a record of me BEING there, detained. The municipal cops destroyed all of the paper records years (decades?) ago and were 0 help. It was a stupid, beuracratic Catch-22 that took me and the OSP Challenge Line 5 months to unravel and get the "Proceed" from OSP.

Unfortunately, even as a current model citizen, CHL holder, and all-around good guy, I'll probably be in the NICS/OSP queue longer than that for my newest gun... 20,000 in front of me and OSP deliberately slow-walking BGCs as of last week mean a looong wait.

I have no idea what ever happened to the other guy. He was an a-hole anyway... that's what we were fighting about in the first place. FAFO.

Too bad-- in AZ, with your ccw, no call to nics is ever made

 

[Alexx1401]

Too bad-- in AZ, with your ccw, no call to nics is ever made

Are you sure about that?
I thought the Fed law that went in long ago forced all firearm sales to be Fed checked?
From before that new law was added to the pile of other laws we had a 5 day wait here for the State that was waived if you had a permit. When the new Fed law went in that all sales had to go through the "insta" we all had to get a proceed from that first. At first it was done by phone, later they did it on line while you were there. So did the Feds actually let that go away? Be great if they did but I had never heard they dropped that.

 

[laserkote]

Are you sure about that?
I thought the Fed law that went in long ago forced all firearm sales to be Fed checked?
From before that new law was added to the pile of other laws we had a 5 day wait here for the State that was waived if you had a permit. When the new Fed law went in that all sales had to go through the "insta" we all had to get a proceed from that first. At first it was done by phone, later they did it on line while you were there. So did the Feds actually let that go away? Be great if they did but I had never heard they dropped that.

In Oregon we don't deal with NICS. It goes through OSP

 

[jbett98]

In Oregon we don't deal with NICS. It goes through OSP

OSP handles the NICS check. The Feds are still involved, it's just that OSP adds another layer to your background investigation by collecting more info to your personal file.

 

[Alexx1401]

In Oregon we don't deal with NICS. It goes through OSP

Are you sure about that?

 

[Alexx1401]

OSP handles the NICS check. The Feds are still involved, it's just that OSP adds another layer to your background investigation by collecting more info to your personal file.

NICS Services

NICS provides full service to the FFLs in 31 states, five U.S. territories, and the District of Columbia. The NICS provides partial service to six states. The remaining 13 states perform their own checks through the NICS.

This is what pops up when I search for it. I had thought all FFL's had to use the NICS system since this went in back in the late 90's

 

[fmvolume86]

And to make things harder, OSP wipes clean your BGC file every five years, so if you go through all the legal problems and manage to pass a background check, you get to do it all over again five years down the road.
I expunged a class C misdemeanor that I got in 1980 while traveling in Utah and learned to never throw away any legal paperwork that was supposedly going to permanently seal my records with the Feds.
Sure enough, every five years I have to argue with an OSP agent and send them the court order proving it's been taken care of years ago.

doesnt' that 5 year mark expire only if you haven't purchased a gun in 5 years? or does it move if you purchase another firearm and they see your record so they see the remarks and record of your BGC so the 5 year timer starts again ?

 

[jbett98]

Actually, OSP clears your BGC record every 4 years and 11 months (Oregon State law).
My experience in talking to an OSP BGC agent is that it's an automatically set deadline.
My reoccurring delay happens whether I buy a firearm or not.
I always have to prove that I have legally cleared up my 1980 class C conviction and it takes an OSP supervisor to confirm the expungement documents.
A regular over the phone OSP agent always passes it upstairs for the final determination.

 

[uberguy]

Any person to person crime will get you nixed from buying a gun, be it felony or misdemeanor. I had an assault 4 back in '06, which was a misdemeanor bar fight and had to have it annulled. It cost me around $1200 but it was well worth it!

Never heard that before. Is there a statute you can site verifying it?

 

[Chaffee]

Restoring Gun & Hunting Rights | Oregon Gun Law

The best Gun Lawyers in the State of Oregon. Restoring the Right to Purchase and Possess Firearms anywhere in Oregon. Clearing criminal records. Helping you hunt and lawfully protect yourself again.

www.oregongunlaw.com

Shawn is a great guy, if anyone can help, He's the guy

 

[laserkote]

Never heard that before. Is there a statute you can site verifying it?

Ya just look up the guide to buying a gun in Oregon.

 

[Alexx1401]

Ya just look up the guide to buying a gun in Oregon.

Is this what you are talking about? This is from OR OSP. Not seeing what you are talking about here

FEDERAL DISQUALIFICATION CATEGORIES
 CONVICTION (Felony or Misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if you
did not receive actual imprisonment exceeding 1 year)
 WARRANT (Felony or Out-of-State Misdemeanor)
 FELONY PRE-TRIAL RELEASE
 MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE
 RESTRAINING/STALKING/PROTECTION ORDER
 MENTAL HEALTH ADJUDICATION OR COMMITMENT
 UNLAWFUL USE OR ADDICTED TO A CONTROLLED SUBSTANCE (including Marijuana)
 DISHONORABLE DISCHARGE FROM THE ARMED FORCES
 RENOUNCED U.S. CITIZENSHIP
 ILLEGAL ALIEN
OREGON SPECIFIC DISQUALIFIERS (in addition to the above federal disqualifiers)
 CONVICTION of a violent misdemeanor within the previous 4 years – ORS 166.470(1)(g)
 PROBATION with conditions limiting possession of a firearm – ORS 137.540(L)
 MISDEMEANOR crime of domestic violence – ORS 166.255(1)(b)/(3)(c)(d)(f)
 RESTRAINING ORDER – ORS 166.255(1)(a)
 OREGON COURT-ORDERED FIREARM PROHIBITION – ORS 426.133(5)

 

[uberguy]

Is this what you are talking about? This is from OR OSP. Not seeing what you are talking about here

OREGON SPECIFIC DISQUALIFIERS (in addition to the above federal disqualifiers)
 CONVICTION of a violent misdemeanor within the previous 4 years – ORS 166.470(1)(g)
 MISDEMEANOR crime of domestic violence – ORS 166.255(1)(b)/(3)(c)(d)(f)
 RESTRAINING ORDER – ORS 166.255(1)(a)

Right, I was aware of the domestic violence and restraining order provisions.

Perhaps the poster referred to
"CONVICTION of a violent misdemeanor within the previous 4 years", in which case their incident from 2006 would not be disqualifying. In any case, I have none, but was curious. Any violent misdemeanor seems very broad and was not aware of that provision in law.

 

[Alexx1401]

Right, I was aware of the domestic violence and restraining order provisions.

Perhaps the poster referred to
"CONVICTION of a violent misdemeanor within the previous 4 years", in which case their incident from 2006 would not be disqualifying. In any case, I have none, but was curious. Any violent misdemeanor seems very broad and was not aware of that provision in law.

That was why it caught my interest. Don't live in OR but had never heard of any such thing as "Any person to person crime will get you nixed from buying a gun, be it felony or misdemeanor." I kind of figured the OP was retelling something he had heard and or there had to be more to it. Person to person crime would cut a VERY wide swath. How many "crimes" would not be one person committing a crime against another person? Even the 4 year hold kind of surprised me that OR had that. Since they do I would wonder if this would not be at least part of the hold up for some who were convicted of something like this and it was past the 4 year mark yet would flag the sale while someone had to look it up for how long ago it happened. In any case with the quick search I did all I could come up with was what I posted that is from the OSP's site. So looks like person to person misdemeanors are not going to ban someone in OR after the 4 year mark has passed. Unless there is something more I just did not find.

 

[uberguy]

That was why it caught my interest. Don't live in OR but had never heard of any such thing as "Any person to person crime will get you nixed from buying a gun, be it felony or misdemeanor." I kind of figured the OP was retelling something he had heard and or there had to be more to it. Person to person crime would cut a VERY wide swath. How many "crimes" would not be one person committing a crime against another person? Even the 4 year hold kind of surprised me that OR had that. Since they do I would wonder if this would not be at least part of the hold up for some who were convicted of something like this and it was past the 4 year mark yet would flag the sale while someone had to look it up for how long ago it happened. In any case with the quick search I did all I could come up with was what I posted that is from the OSP's site. So looks like person to person misdemeanors are not going to ban someone in OR after the 4 year mark has passed. Unless there is something more I just did not find.

Agreed. I recently retired, last year to my second home, now primary from the Puget Sound to Central OR and am re-learning some odd regs and laws different between the states.

 

[echo1]

My buddy's kid, my son, and one of their friends got stopped in OR. My son was sleeping in the shell of his Ford Ranger they were driving. One kid had a bag of weed, over an once, the other kid had one mushroom They arrested the one with weed (feloney possession for sales). gave the other one a ticket for possession of controlled substance, then ORd him with a "pending" and gave my kid a ticket for being in the back of a truck (CA plates), that was dismissed. Years pass and the OR DA never pursed the ticket for mushroom possession, but later, that kid was touring with a band and got pulled over in Klamath for driving too slow, and when they ran his ID, the pending charge was still on the books, and the DA implemented the "pending" charge, and a feloney arrest was made, 20 years and $10K later, he was 18 at the time they got stopped the first time. PAX