Quantcast
  1. Sign up now and join over 35,000 northwest gun owners. It's quick, easy, and 100% free!

Can a felon ride in a car with a chl holder?

Discussion in 'Legal & Political Archive' started by Karma, Dec 24, 2010.

  1. Karma

    Karma the woods in Oregon Active Member

    Messages:
    486
    Likes Received:
    72
    I am curious on this issue. If a person has their chl can a friend who has a felony ride in the car with them?

    Oregon law says that the felon can't have a firearm in their posession or under their control. I would think it would be o.k. but I don't know. Anyone have any experience or knowlege of this?
     
  2. sprice37

    sprice37 Albany Oregon Active Member

    Messages:
    440
    Likes Received:
    34
    It is fine untill you let the have the gun. If it was illegal you could get in trouble for having breakfast and a felon sittin in the booth next to you.
     
  3. Karma

    Karma the woods in Oregon Active Member

    Messages:
    486
    Likes Received:
    72
    That is what I would think, but I really haven't thought much about it.
     
  4. saxon

    saxon springfield Active Member

    Messages:
    808
    Likes Received:
    164
    from what i have gone through yes it is fine BUT
    if you get pulled over you will be taken out of your car etc etc and they will look at you like WTF are you doing
     
  5. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

    Messages:
    3,593
    Likes Received:
    1,480
    Do you have possession and control of the gun or does he?

    If he does not then there is no law being broken.
     
  6. James1300

    James1300 S.E. WA. Member

    Messages:
    274
    Likes Received:
    12
    ASK a LAW ENFORCEMENT Offical! Get the FACTs.
     
  7. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

    Messages:
    3,593
    Likes Received:
    1,480
    That is assuming the LEO knows you have a gun and has a reason to remove you from the car.

    I just glanced though the OR laws and dont see that it is required to declare firearms in the vehicle unless asked directly.
     
  8. Unka-Boo

    Unka-Boo Milwaukie Active Member

    Messages:
    923
    Likes Received:
    225

    Fixed.
     
  9. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

    Messages:
    3,593
    Likes Received:
    1,480

    How about look up the ACTUAL laws. Most LEO's are more clueless then the informed gun owner. I have seen way more bad/incorrect info posted on boards that came from "an LEO/Sheriff/ATF TOLD me".

    This is not a bash on LEO's, just a simple fact that I run into often knowing many LEO's. I have one cop I like to tease about guns. I show him a picture of a gun and ask "is this illegal", his answers is "I dont know but it looks like it should be" :(
     
  10. Binder

    Binder Everett New Member

    Messages:
    26
    Likes Received:
    3
    If you ask the LEO you get an opinion. If you want facts look up the law and read it.;)
     
  11. James1300

    James1300 S.E. WA. Member

    Messages:
    274
    Likes Received:
    12
    Mo Betta! Thanks!

    Originally Posted by James1300
    ASK a lawyer who specializes in this area, Get the FACTs.
    Thanks!
    Asking a legal question and taking the word of an out-house lawyer on here is like asking to get kicked in the Jewels.
     
  12. m1gunr

    m1gunr Tacoma Member

    Messages:
    177
    Likes Received:
    22
  13. Stick

    Stick Eugene Member

    Messages:
    124
    Likes Received:
    14
    here's a similar question.
    Could a person with a felony live in the same house as a person who legally owns guns (roomate type situation)
     
  14. el gringo loco

    el gringo loco PDX Member

    Messages:
    275
    Likes Received:
    6
    Whether you have a CHL or not, the question for your friend would be whether or not he was in possession of the gun. Your CHL has no bearing on his legal status with regard to the gun, only as to whether you are carrying legally or not.

    If the gun is on your person, it is pretty obvious that you are in possession of the gun. If you are driving your car, he is a passenger, the car is registered to you, and the gun is in the trunk or somewhere not readily accessible to your friend, more likely than not (the probable cause standard needed for arrest) one would conclude that the gun belonged to you. If the gun is in an unlocked glove compartment in front of your friend, under his seat, or in the center console, it gets fuzzier. Or, if he is driving his own car and you are a passenger and the gun is in the back seat, it gets fuzzier. The law is not black and white and a decision for arrest or prosecution is going to be based on the totality of the circumstances to include location of the gun relative to the occupants, owner/driver of the vehicle, statements made by the occupants, and many other things (ie. other contraband in the car, other crimes committed). Remember that a police officer only has to prove it is more likely than not (just over 50% likely) that an offense has been committed to arrest someone. In court, the prosecutor has to prove beyond a reasonable doubt to get a conviction.

    Also, your friend may have parole or probation restrictions that prohibit him from being in a house or vehicle with firearms. Those restrictions may extend far beyond what is legal or illegal with respect to the felon in possession statute.

    My advice is that you don't associate with felons and then you don't have to worry about these sorts of things. Keep in mind that most felons re-offend and are generally lifelong criminals. Most don't have a problem dragging someone else down with them. If they have large quantities of dope or other stuff in the car and your friend doesn't own up to it, your gun might be considered part of the evidence of the crime and you might be considered a co-conspirator. If you choose to associate with felons, sooner or later your reputation or freedom is going to be collateral damage. If ostracizing the felon isn't a viable option (you are his sponsor at AA, longtime family friend, doper relative, etc.) keep the gun on your person so that it is obvious that you are the one in possession and make darned sure they aren't up to no good when you are with them.
     
  15. saxon

    saxon springfield Active Member

    Messages:
    808
    Likes Received:
    164
    yes and no
    again from having been in that situation
    yes you can but all guns must be in a safe they can not just have trigger locks
     
  16. safooma

    safooma Oregon Member

    Messages:
    176
    Likes Received:
    8
    My understanding is that it comes down to two things when dealing with a felon and your CHL--Control and the felons knowledge of the firearm. The felon is not supposed to know that there is a gun in the car or on you AND the gun has to be clearly in your control. On your person or next to you on your side of the car. The weapon being concealed in the glove box or center console, for example, with the felon in the passenger seat would be a no-no.

    At least this is what was taught in my CHL class.
     
  17. eriknemily

    eriknemily Tillamook County (Cheese!) Member

    Messages:
    779
    Likes Received:
    21
    I would have wholeheartedly agreed with you a couple of years ago. I now am friends with a convicted felon. What was his crime? He grew pot. Just a little too much. He had a worthless state appointed lawyer who gave him bad advice and instead of getting hit with a lesser charged he has been a felon for the last 20 years. He can now legally own a firearm. He never re-offended.

    In general I do not associate with what is your stereotypical felon. But in my friends case I would trust my life with him. That being said, I would hate to have a situation where a cop got all worked up because I carried and had a 'felon' in my rig.
     
  18. rsmccsman

    rsmccsman Hillsboro Go Blazers!

    Messages:
    697
    Likes Received:
    120
    instead of getting hit with a lesser charged he has been a felon for the last 20 years. He can now legally own a firearm. He never re-offended.

    FYI A Felony does not go away by itself with time ie 20 years. You have to petition the court to have it expunged, or reduced to a misdemeanor in order to have your right to own a firearm restored. Has your friend done this?:paranoid: If not if he has a gun he may be asking for a new felony which would be a bummer because he sounds like he would be eligible to have it expunged.

    My guess is that if a Felon is found in a car that an LEO searches and finds a gun then he will arrest and charge for ExCon in possession of a firearm and let the DA sort it out.
     
  19. eriknemily

    eriknemily Tillamook County (Cheese!) Member

    Messages:
    779
    Likes Received:
    21
    His court documents (which I've only glanced at) make mention of being able to get his right to own firearms returned after 20 years. I don't know exactly if he has petitioned the courts or what exactly. I don't believe he has gone and purchased any firearms yet due to his uncertainty about it. The paper work isn't exactly clear and he hasn't gotten clear answer from the phone calls he has made.
     
  20. Karma

    Karma the woods in Oregon Active Member

    Messages:
    486
    Likes Received:
    72

    The only reason I mentioned the chl, is because I carry my gun on my person when I am driving. It is under what I would consider my control at all times. The problem I have, is with constructive posession. They seem to really not define things well. It is hard to obey the law, when you don't know what the **** it is! I have looked up the law, but I haven't found this specific thing. The person has been done with probation for a good while. No restrictions against them as far as probation goes. Just wanting to make sure that they do not get in trouble.

    I typically don't have any involvement with felons. This is a exceptional circumstance. I will just say that all felonies are not created equal, and sometimes bad things happen to good people. This is one of those few times.