Oregon Can you pass background check w/previous charges

[ZigZagZeke]

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.

Short Law Group in Salem (Specialists in Firearms and Gun Law) should be able to answer your questions over the phone. 503-747-7198

 

[po18guy]

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.

I object! I have my moments of clear perspective...

 

[FireArm]

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.

if hes not on probation , not a felon, no restraining orders currently, he is go to go.

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.

Nice...

 

[OldBroad44]

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

I agree. But I see no need for a lawyer unless I was contesting a denial I thought incorrect. If it were me and it was clear from the info on the Oregon State Police site that I was disqualified, that would be that. If I thought my BC should go through but wasn't sure it would, I would simply try to buy a gun. Advice from a specialist lawyer could cost more than the gun, and doesn't guarantee anything. Could be that some times the BC would go through and sometimes not if the situation is complex/ambiguous. I would simply limit my buying to modes that don't create an ambiguous ownership situation if BC didn't go through. Such as buying directly from stock in gun shop.

 

[po18guy]

Practical/technical matters.
1. Is this individual mature enough, and does he possess the self-control necessary?
2. Perform the records check separate from and before any anticipated purchase.
3. If rights need restoration, then proceed with legal counsel.

 

[OldBroad44]

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.

I doubt that the state AG is willing to evaluate the records of individuals and decide whether they will pass the BC. That's what the BC system is for.

From outlined background it sounds like "friend" has not been optimally law abiding. But its hard to tell. I used to be very cynical about a guy who had a restraining order let alone violated one. But these days, some women may claim various things that may be untrue as a relatively routine part of a divorce or child custody situation. And I notice that no violence or assault was claimed, so I'm suspicious about the validity of the restraining order and supposed violation. It could be real. Such things often are real. But I also think that these days many guys who have never threatened wife or children and never would may get charged with it because SO is vengeful during breakdown of relationship or wants leverage in custody dispute.

 

[TTSX]

Does this friend breathe through their mouth or nose?

 

[OldBroad44]

if hes not on probation , not a felon, no restraining orders currently, he is go to go.


Nice...

No. Read info on Or state police site I referred to. Its way more complex than that.

 

[FireArm]

He should quit breaking the law.

Politicians should stop making too many laws…

 

[FireArm]

No. Read info on Or state police site I referred to. Its way more complex than that.

No. You didn't provide a link, I could also care less.

 

[po18guy]

I remember a fellow student going to the doctor about VD a "friend" had.

 

[OldBroad44]

No. You didn't provide a link, I could also care less.

My tablet won't let me provide links. You provided advice to someone one else without caring at all whether it was accurate or not. Takes all kinds I guess.

 

[3MTA3]

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...

I'm not down with poaching, but why the assumption that the goose was of a protected species? Five geese species are legal to hunt in Oregon: https://myodfw.com/game-bird-hunting/species/geese

 

[clanhanson]

I'm not down with poaching, but why the assumption that the goose was of a protected species? Five geese species are legal to hunt in Oregon: https://myodfw.com/game-bird-hunting/species/geese

I was assuming Canada goose since they're pretty douchy at times, and that's pretty much the only goose I grew up seeing.

 

[3MTA3]

I was assuming Canada goose since they're pretty douchy at times, and that's pretty much the only goose I grew up seeing.

BTW it you check the ODFW link Canadian Geese are one of our legal species.

 

[clanhanson]

BTW it you check the ODFW link Canadian Geese are one of our legal species.

Yes, but they're still federally protected due to the Migratory Bird Act so killing one outside season and without permission is a big no-no.

 

[HotRodGuy]

Tell your friend to print out a 4473 with instructions and answer the questions honestly. If the paperwork says he is ineligible, he should talk to a lawyer. Your friend can also submit his fingerprints to OSP for a records check, be sure to complete the correct records request form and pay them.

Don't attempt to buy a gun if it's questionable. If he is disqualified, not only does he stand a chance of picking up a charge, but it adds to the anti-gunners list of another disqualified person trying to buy a gun.

 

[Quirt Evans]

Its illegal to carry a fixed blade knife concealed in Oregon,

I can't find the statute that says that, the Oregon knife laws seem to be not well defined?

 

[OldBroad44]

I can't find the statute that says that, the Oregon knife laws seem to be not well defined?

Of course there is no statute that says Oregon knife laws are a confusing incomplete mess. That's my conclusion. The following is to the best of my understanding. I'm not a lawyer, and I spent several hours on two different occasions trying to understand OR knife laws and I personally found them a confusing mess. One knife group said Oregon laws were mostly established in trials not statues. So, for example, you are allowed to carry an ordinary pocket knife concealed but only trial cases tell you what an ordinary pocket knife is. ORS 166.240 is where most Oregon wide knife laws are, but apply only to concealed carry of knives.

First, there is local preemption on knife laws. So Oregon State law represents at best a minimum. Most of the Oregon knife laws are in the Oregon statues on concealed carry of weapons. Cities and other localities can and do have more stringent laws..

Generally, you can own any knife in oregon, as best I can tell. The issue is what you can carry concealed and what constitutes concealed. Certain kinds of knives are spelled out as being ones you can't carry concealed including dirks, daggers, and some others with certain action types or that are stabbing weapons. You can carry an ordinary pocket knife concealed, but there is no definition as to what an ordinary pocket knife is except it does include folding knives with lock blades but not all action types. Blade length is not specified in the statues but has been narrowed in trials. One trial said a lock blade folding knife with a 4.75" blade was an ordinary pocket knife. Another a bit later said a lock blade knife with a blade somewhat over 5", I don't remember exactly what, was not an ordinary folding knife and could therefore not be carried concealed. So Oregon trial results back when I looked said 4.75 was okay and 5.whatever was not okay to carry concealed but as for in between who knows? And too bad for me with my two Cold Steel 6" folders. Both are serious garden tools for me. But they are designed to carry inside the waist band with clip and just the top of the knife exposed. Is the exposed huge clip and huge top enough to consider the knife unconcealed? Is it even legal to carry them in a pack? I don't know.

There is local preemption so different cities have different laws as to maximum lengths for a concealable length for a folding knife. Some were 3 or less. The last I looked, nearly all allowed under 4" but a few were less, fortunately nowhere I planned going. So I went with an EDC slightly under 4". But I need a bigger blade to slice tomatoes in the field for taste tests. Remember this is what is legal to carry concealed, not to own or carry openly. Its also not specified whether the clip or how much of the knife has to show to be unconcealed.

As best I could tell, open carrying a fixed blade hunting knife is legal by state level laws, however long the blade. Whether its legal to carry it concealed, as when your winter coat or rain coat naturally covers a fixed blade hunting (or gardening) knife on your belt I was unable to figure out. If its a dirk or dagger its not legal to carry concealed but there was no legal definition given of dirk or dagger. I'm guessing that they mean a two edged knife with a fixed blade of any length. But I'm guessing. They may mean any knife with a fixed blade, which would include all fixed blade hunting knives. So I don't know even whether you can legally carry a hunting knife concealed under your rain gear or in your pack when hunting.