Oregon Can you pass background check w/previous charges

[G10k]

I've done some searching, and I can't find anything so I figured I'd ask.

A friend came to me about purchasing a firearm here in Oregon. He is concerned about the background check and I'm not sure if he should be or not. I'm hoping someone can provide some resources to determine if it's worth it for him to try or not.

1. He violated a restraining order and received a civil charge. He served 2 years of probation that ended September 2019.


2. In 2000 he was charged with two misdemeanors for killing a goose.

a. Illegal use of a hunting knife.

b. Hunting out of season.

He spent 20 days in jail, $1,000 fine, and a few months of probation.

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[The Heretic]

He should contact a lawyer that specializes in firearms law

 

[cigars]

Geese are a-holes. I don't see any problem with killing them. Not sure about the rest. It may be best to have your friend seek the advice of an attorney. Most of us here aren't attorney's or qualified to give legal advice.

 

[OldBroad44]

I'm not a lawyer.
As best I can tell, for the relevant info, search Oregon State Police-Firearms Instant Check System. Then scroll down to the section Disqualifications.

There's not enough info provided by your friend to tell us whether his past violating a restraining order would be an issue. Nor does he tell us what the short jail term was for. So we couldn't advise him even if we were lawyers. There's insufficient info.

The info on the OSP site is quite detailed, however, and seems designed for people to use to determine for themselves whether they would pass the background check.. For example, the first item reads "Conviction (Felony or Misdemeanor) where the crime has a maximum imprisonment term exceeding one year (even if you did not receive actual imprisonment exceeding one year)."

It doesn't look like taking out a goose or hunting out of season is on the list. As for misusing a hunting knife, that doesn't tell us much. I suspect if he stabbed or even threatened anyone with it he/they would say so. My guess is he carried it concealed or in a pack. Its illegal to carry a fixed blade knife concealed in Oregon, and the legal status of a hunting or other fixed blade knife in a pack or car is something I've been unable to determine.

 

[Kruel J]

He should contact a lawyer that specializes in firearms law

This.

 

[po18guy]

An option: Even if a felony conviction caused the loss of his civil rights, he can petition the superior court for the restoration of his rights. Competent legal advice strongly recommended.

You know the federal prison sentence for straw purchases...

 

[Gunner3456]

delete

 

[ColeInOregon]

I'd say his goose is cooked.


Seriously though call a lawyer.

 

[HighlandLofts]

I know a couple people who got their gun rights restored after felony convictions.
Get a 2nd amendment lawyer and have some cash set aside.
Nothing in life is cheap.

 

[Martini_Up]

OP: perhaps changing your research with the word, "CHARGE" changed to "CONVICTION" would yield better results?

In any event, a lawyer would be best route. Best of luck to your friend.

 

[clanhanson]

Geese are a-holes. I don't see any problem with killing them. Not sure about the rest. It may be best to have your friend seek the advice of an attorney. Most of us here aren't attorney's or qualified to give legal advice.

Justifying the killing of a protected species due to its temperament alone is a little strange to me. I hear most people are a-holes...

 

[Astoria9mm]

I would say go try to purchase one first and see before investing in a lawyer.

 

[cigars]

Justifying the killing of a protected species due to its temperament alone is a little strange to me. I hear most people are a-holes...

Ducks are cool AF, geese are a-holes, like most people.

 

[po18guy]

Here you go:

Portland Gun Rights Restoration Attorney | Salem Gun Ownership Rights Lawyer

Experienced and aggressive gun rights attorneys in Oregon. Call Short Law Group at 503-747-7198 for a free consultation.

www.shortlawgroup.com

EDIT: Seeing who they defend, you might be sitting next to antifa members in the waiting room.

 

[titsonritz]

No felonies...should not be an issue passing a BGC for a firearm purchase unless the violation of the restraining order was related to domestic abuse, then it might be a problem.

 

[po18guy]

No felonies...should not be an issue passing a BGC for a firearm purchase unless the violation of the restraining order was related to domestic abuse, then it might be a problem.

Nailed it. I think the OP needs another conversation with this third party to clear things up. If your rights have been revoked you would know it. No way a judge revokes your rights without you knowing. OP's friend can go to his local PD and ask if he would pass a BGC. Might be a nominal fee, but so?

 

[ma96782]

Asking a LAWYER could be expensive.
or
You could just ask the AG of the State where you live.
or
You could also/maybe do some research into your State Laws. Hint : https://oregon.public.law/statutes/ors_chapter_166

Then.....
NOT SAYING that I would. So then....just wondering out loud.....
Consider for a moment?

If I were to attempt to buy a firearm.
Then a DA might just say that I was attempting to be a "felon in possession" (or whatever else). They may or may not bring prosecution against me.

But if I were to.......

Apply for a permit to CCW and I don't even have a firearm? Hummmm?

So.....if I get denied. Yeah....that tells me something.

Aloha, Mark

 

[oremike]

Why is your "friend" asking you to find out for him. And if you are truly helping a "friend" why aren't you or rather he asking the state AG.rather than a bunch of internet numbskulls (I mean that with the best intentions) for guidance.

 

[G10k]

I appreciate the feed back, being pointed to the OSP questionnaire page helped. I know he's not a felon, just needed some clarification. He's currently waiting for his background check to clear. I just didn't want him to waste money if he couldn't pass it.

 

[Jay Walk]

He should quit breaking the law.