Certain Convicted Felons May Own Guns

Discussion in 'Legal & Political Archive' started by All2kool, Mar 9, 2011.

  1. All2kool

    All2kool
    Portland, OR
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    166.270 - Possession of weapons by certain felons

    (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm commits the crime of felon in possession of a firearm.

    (2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in ORS 165.540 (Obtaining contents of communications), or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.

    (3) For the purposes of this section, a person "has been convicted of a felony" if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if:

    (a) The court declared the conviction to be a misdemeanor at the time of judgment; or

    (b) The offense was possession of marijuana and the conviction was prior to January 1, 1972.

    (4) Subsection (1) of this section does not apply to any person who has been:

    (a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005 (Criminal homicide), or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or


    (b) Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 (Relief from prohibition against possessing or purchasing firearm) or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction.

    (5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003 c.14 §64; 2009 c.189 §1; 2009 c.499 §3]

    Now of course the issue with all of this is that although Oregon says a convicted felon can own a firearm under certain conditions the US government says a convicted felon can never own a firearm, ever. Very confusing.
     
  2. SituationNormal

    SituationNormal
    Olympia, Washington, United States
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    Where does the US Government state that a convicted felon can never own a firearm?
     
  3. billdeserthills

    billdeserthills
    Cave Creek, Arizony
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    I had a Felony conviction, but my Rights were Restored in 1990 & I currently hold 2 FFL's
     
  4. wired

    wired
    Yakima
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    As far as I'm concerned once the full sentencing period has passed full voting and firearms ownership rights should be reinstated.
     
  5. All2kool

    All2kool
    Portland, OR
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    I agree that once you have completed your sentence and are released from any supervision, you should get all your rights back after a period of time. I do agree with the law that if your felony conviction involved a homicide or weapon, you're done.
     
  6. All2kool

    All2kool
    Portland, OR
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    Your legal right to own a firearm via Restoration of Civil Rights - was that automatic or did you have to file a motion or paperwork?
     
  7. billdeserthills

    billdeserthills
    Cave Creek, Arizony
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    My attorney at the time provided it as a value added service,
    It is only automatic when your felony is Class 6, then (at least in Arizona) when you have finished jail, or probation the Class 6 felony reverts to a Class 1 misdemeanor
     
  8. All2kool

    All2kool
    Portland, OR
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    Do you recall the process he needed to go through? I inquire for a family member now 24 years off probation from his one felony conviction who would like to go hunting again. Maybe even your attorney's name?
     
  9. joeroket

    joeroket
    Everett,Wa.
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  10. All2kool

    All2kool
    Portland, OR
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  11. billdeserthills

    billdeserthills
    Cave Creek, Arizony
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    Got me, I was unconscious in the hospital at the time. Turns out falling asleep while riding a motorcycle not such a good idea
     
  12. All2kool

    All2kool
    Portland, OR
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    Falling asleep while operating any machine is never a good idea. Thanks again for the info.
     
  13. Haggstrom

    Haggstrom
    Northern mountians of Oregon
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    Ya know,I'd bet theres alot of felons out there who have guns and by all rights shouldn't.Thing is,felons are felons for a reason;they don't care about whats lawful and whats not.But the salution to the problem is pretty simple,if they pose a threat to you or ya see em' threatin' someone else shoot'em dead;then call on the law and state you'er case to the judge.
    If you are a up-standing citizen with a decent lawyer ya shoudn't have much to fret over.

    Just be sure ya got a clean line of fire should ya ever find yerself in such a situation that calls for you to put a man down,don't wanna risk hittin' good folks ya know.
     
  14. Dyjital

    Dyjital
    Albany, Ore
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    Can somebody help me through this process?

    ive read that it can be done by ones self without an attorney. I'm looking to do this to help a friend.

    It it mentions a packet but I can never find it anywhere. I'm pretty good at following all directions etc and have read over the process a dozen times if not more.

    his charge was 40 years ago for a drug possession. :-(
     
  15. mkwerx

    mkwerx
    Forest Grove, OR
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    That's an awful broad brush with the "felons are felons for a reason" bit - there's a lot of crap in the law that can turn someone into a felon when they don't deserve it, and the system is so easily screwed and skewed - you can eat a felony without ever committing a crime. not to mention certain misdemeanor crimes remove your gun rights also - again, the system is easily enough gamed that a guy can eat something like a DV conviction and never have touched a woman. And what about future laws that may be passed - you can be a law abiding citizen tonight - and with a stroke of the pen, tomorrow you are a felon. There's also plenty of people out there that deserve a bullet to the brain pan, or worse - yet because they had money and a good lawyer got off scott free. I wouldn't be so quick to say that all felons are dirt bags that need disposed of, or that they shouldn't have the same rights you and I do for not having a criminal conviction.
     
    Koda, Garg, Fast Eddie and 6 others like this.
  16. Fast Eddie

    Fast Eddie
    Vancouver
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    If you ever act on your own advice, you will quite likely end up joining the ranks of the very people you have so piously advocated dispatching.
     
  17. AMProducts

    AMProducts
    Maple Valley, WA
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    You know, I used to feel the same way, until I heard a story about a guy... During WW2 after being drafted into the army he was stationed at a base in the south, one night he was running late after church and missed his bus, so he started walking back to the base. He got rolled up by the local PD, was taken before a magistrate where he unfortunately plead guilty to "being out after curfew", paid his $5 fine and was dropped off at the base. Problem is, at that time in the south, being black after curfew was a felony conviction. He could neither own guns, nor vote.

    I get it, there are indeed some real s-bags out there, who because we live in a civilized society can't be shot on sight just because they're child molesters, rapists, or white collar fraudsters. At the same time laws that take away rights are not something that should be thrown around lightly. I have no problem with laws that ban people convicted of enumerated violent crimes from possessing firearms, however just saying "any felony" is BS, because as it turns out catching your connecting flight via Legardia or JFK can sometimes result in a felony conviction, even if the firearm was in your checked baggage. It's that whole "law of unintended consequences" combined with bad legislation, and people who don't think about all of the ramifications that really cause all the problems.
     
  18. Martini_Up

    Martini_Up
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    So should privileges be restored before rights?
     
  19. Dyjital

    Dyjital
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    It's called "restoration of civil rights" so assuming its rights then with those rights come the privileges of said rights.
     
  20. RicInOR

    RicInOR
    Washington County
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    @Dyjital --
    You look to be in Corvallis but where is your friend? Some rights might be restored in OR that would be different in other states.

    My suggestion is your friend gets an attorney. There are referral services, often thru Employee Assistance Programs, to get the right lawyer for this process.
    Some locations have legal clinics for those who have limited funds.

    You can represent yourself in court, but that does not make it a good idea.
     

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