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

Can I buy a firearm while on bench probation in Oregon for a DUI?

Discussion in 'Legal & Political Archive' started by xqsmee, Nov 22, 2012.

  1. xqsmee

    xqsmee west eugene New Member

    Messages:
    3
    Likes Received:
    0
    Hello... I work at an FFL and I conduct background checks and process the 4473 forms all day long, and I had to pass a background check to work there. But I recieved a DUII over a year ago and am on bench probation through Multnomah County, Oregon. I have no felonies and nothing on my record that would disqualify me based on the questions asked on the 4473 form. However, I don't know if I would be "denied" if I were to go in and purchase one based on the fact that I am on bench probation. From what I can gather, not being able to purchase/own a firearm isn't one of the criterias of my bench probation. I want to purchase a firearm at my work, but I don't want to go through the embarassment and possible repercussions if I were to be denied. Anyone have any thoughts? Thank you!
    -Scott
     
  2. fredball

    fredball Vancouver, WA Well-Known Member

    Messages:
    3,832
    Likes Received:
    4,253
    I don't see why not a duii does not disqualify you from owning carrying or buying a firearm
    why don't you do a N.I.C.S. check on yourself they don't track them over the course of one day
     
  3. Benny503

    Benny503 Grants Pass Well-Known Member

    Messages:
    1,218
    Likes Received:
    267
    Good question. I dont think DUI is a felony, and it is ok o buy firefarm. My buddy got DUI and still able to get his concealed carry permit.
     
  4. xqsmee

    xqsmee west eugene New Member

    Messages:
    3
    Likes Received:
    0
    Thanks for the input so far! Yeah, it's not a felony DUII conviction, it's just the fact that I am currently on bench probation (not actual probation where I need to report in, etc) that concerns me.
     
  5. lowly monk

    lowly monk Beaverton, Oregon. Just a guy. Bronze Supporter

    Messages:
    1,229
    Likes Received:
    330
  6. OregonPlinker

    OregonPlinker Creswell, Or Active Member

    Messages:
    220
    Likes Received:
    44
    Yeah you can buy a gun. They might put a hold on you but you'll pass eventually. I have duii experience and lots of guns. They put a dang hold on me every time but I have a McMillionare rapsheet...lol. I got my chl with 3 duii's and some other driving stuff on my record. I quit drinking for obvious reasons...
     
  7. SturgeonSlayer

    SturgeonSlayer St.Helens Active Member

    Messages:
    166
    Likes Received:
    66
    I think to be safe it would be best to just call your local sheriff's office or the OSP since they are the ones who handle the background checks and find out from them, I would not chance something like this with the opinions of a bunch of people who THINK THEY KNOW...
     
    oknow and (deleted member) like this.
  8. Redcap

    Redcap Lewis County, WA Well-Known Member

    Messages:
    3,990
    Likes Received:
    2,731
    Have you been convicted of a felony?
     
  9. drew

    drew OR Well-Known Member

    Messages:
    4,052
    Likes Received:
    970
  10. Vantage

    Vantage Pacific Standard Time Active Member

    Messages:
    245
    Likes Received:
    170
    I also have DUII experience, and I have never had any delays, or any problems whatsoever, when buying new guns from a dealer.
     
  11. oregonlaw76

    oregonlaw76 Oregon Member

    Messages:
    78
    Likes Received:
    3
    It is not a new crime but is a violation of your probation most likely. If you look at the judgement, there is a box that is checked if standard conditions DO NOT apply. If the box is not checked (which is probably isnt), standard conditions of probation apply for the duration of your probation. ORS 137.540 lists those conditions, one of which (subsection L) is that you not possess firearms. That being said, to the best of my knowledge, such conditions to not show up on a FICS check.
     
  12. billyinfinity

    billyinfinity Portland All pie, all the time. 2015 Volunteer

    Messages:
    351
    Likes Received:
    303
    hey jerkoffs.. quit drinking and driving... :p
     
  13. Kelzebubba

    Kelzebubba Fort Worth, TX/USA Public Outhouse Active Member

    Messages:
    322
    Likes Received:
    178
    Really... I got a brialliant idea. Don't drink and drive. If you can't afford a taxi, then you can't afford the ticket or the accident. Saying you are drunk and don't know better is a piss poor excuse as well, because I am still pretty much in control of all of my faculties when I am drunk. I choose to drink at home or somewhere within walking distance of where I am sleeping. Don't be an idiot.
     
  14. SonicBlue03

    SonicBlue03 Snohomish Well-Known Member

    Messages:
    1,239
    Likes Received:
    421
    It's a "Can I" not a "Should I" thread, folks. Answer appears that he can.

    And the "should" answered itself. But with 2A we take the good with the bad. It is what it is.
     
  15. Kelzebubba

    Kelzebubba Fort Worth, TX/USA Public Outhouse Active Member

    Messages:
    322
    Likes Received:
    178
    I am just saying this fine upstanding citizen has already proven he is irresponsible. What is to say he doesn't drinky drink and grab a gun. This type of behavior is why we are on the cusp of losing the 2A. I refuse to help this guy, and any 2A loving person should as well. Where is the shame in society today?
     
    Wayne, Oregonhunter5 and BEN LILLY like this.
  16. SonicBlue03

    SonicBlue03 Snohomish Well-Known Member

    Messages:
    1,239
    Likes Received:
    421
    I get what you're saying, man. I do. But there's two subjects.

    Yes, he can own a gun.

    No (personal opinion) he probably shouldn't until he figures out how to demonstrate less-than-reckless-and-blatantly-disregarding-conduct-toward-others. We've established irresponsibility (if possibly even some stupidity) but those are not - unfortunately - areas that most pro 2A people would support some level of management (or "restriction.")
     
  17. Kelzebubba

    Kelzebubba Fort Worth, TX/USA Public Outhouse Active Member

    Messages:
    322
    Likes Received:
    178
    He is more than welcome to come to Texas, one of the most pro 2A states in the union. First offence is a misdemeanor (unless there is damages or a minor present in the car, then a felony) any offence after that is a felony, no more guns. I think it is more than fair. I have known too many people who have died, lost their parents, and had their lives ruined while the person responsible lived it up then and afterwards.
     
    SonicBlue03 and (deleted member) like this.
  18. SonicBlue03

    SonicBlue03 Snohomish Well-Known Member

    Messages:
    1,239
    Likes Received:
    421
    Having lost people to drunk drivers, I think one time is more than enough. That said, he can get his gun and hopefully will smarten up about driving intoxicated.
     
    Caveman Jim likes this.
  19. JJ1974

    JJ1974 Oregon New Member

    Messages:
    2
    Likes Received:
    2
    Trust me... Most likely you cannot purchase a firearm... Police will show up and question you if you try. My question is, can you posses firearms while on bench probation if you cannot purchase them?

     
  20. JJ1974

    JJ1974 Oregon New Member

    Messages:
    2
    Likes Received:
    2
    Are you Jesus? I would bet a million dollars you have drank and drive and simply wasn't caught. Hypocrisy is strong in this one.

     
    Caveman Jim and Dyjital like this.