Chl denied

[Scvette]

The Feds only have a say on the restoration of rights if it is a federal crime tried in a federal court, if it is then as you say you are boned as the avenues to restore rights are simply no longer supported. If you lost your rights because of a charge brought against you in a state court that state has the ability (although not all do) to restore your rights.

During a NICI check the FBI uses a database of state information that the state in question can modify. The FBI itself can only consider what the state supplied if it's a state charge.

I had a state felony charge that in the state that gave it to me resulted in a lifetime ban on firearms possession. The only way around it was a pardon, which I got. If the governor would not have granted it the only other option I would have had was a presidential pardon.

My experience was that they want to grant pardons to those that deserve them. In my state they only grant a couple a year and it takes 3 years plus to get one but I know several folks who have been pardoned.

The pardon allows you to truthfully answer that you have never been convicted of a felony crime, because that's what a pardon is, it makes it as if it never happened as far as your rights and record are concerned.

And for the record I have both an Oregon CHL and Washington CPL and a dozen NFA items

This can't be true! Cause that one guy said so! I find it funny how people are so misinformed about this issue,it's great seeing stories like your to show others the truth. My issue was in Alaska,I was given a SIS which after 3 yrs my issue was set a side so I was good to go,but even if you can't get it set a side,after 10 yrs if you stay out of trouble it is set a side and you can buy guns,get a cwp. You are 100% correct about if it was a federal charge.

 

[Alexx1401]

This can't be true! Cause that one guy said so! I find it funny how people are so misinformed about this issue,it's great seeing stories like your to show others the truth. My issue was in Alaska,I was given a SIS which after 3 yrs my issue was set a side so I was good to go,but even if you can't get it set a side,after 10 yrs if you stay out of trouble it is set a side and you can buy guns,get a cwp. You are 100% correct about if it was a federal charge.

Great, the next time some guy who got a state conviction and had it overturned, then decades later is denied they can fix it by saying you said so. Isn't the net great!!

 

[Wayne]

I am so confused, in post 7 OP states no arrest but in post 11 he says

I was looking into getting the arrest expunged and it looks like I'm eligible to do it since it's been more than a year. It doesn't seem to be too hard to do it either.

So what is it ? Makes a bit of a difference.

 

[Cliko87]

I am so confused, in post 7 OP states no arrest but in post 11 he says
So what is it ? Makes a bit of a difference.

I was under "police hold". When I asked the officer if I was under arrest simply said... "Yes and no". Now, you tell me what that means??

 

[Scvette]

Great, the next time some guy who got a state conviction and had it overturned, then decades later is denied they can fix it by saying you said so. Isn't the net great!!

But you're the one that was so sure a person who had/has a felony can't legally own guns. There's at least 2 people in this post that show otherwise. How can you explain question 11c on the 4473 form if your so sure a person can't?

 

[Scvette]

But you're the one that was so sure a person who had/has a felony can't legally own guns. There's at least 2 people in this post that show otherwise. How can you explain question 11c on the 4473 form if your so sure a person can't?

To add to this,the people your talking about that can't own guns..well there's more to their story than you know. If you have multiple felonys,or violent crimes then no your not getting your rights back. But for 1 time and no other crimes it's actually easy to get your rights back. So get off your soap box and learn about this and stop saying things you don't know about.

 

[Larrytpdx]

See an attorney! Most will give you a consultation for anywhere from free to $50.

 

[Cliko87]

See an attorney! Most will give you a consultation for anywhere from free to $50.

I'm planning on doing that tomorrow.

 

[Larrytpdx]

I'm planning on doing that tomorrow.

Excellent!

 

[MilitantBEEMER]

Oregon is a shall issue state.

Didn't read the whole thread but I would reach out to Arnold Law he specializes in these situations. It may cost a few $, however he will get it done correctly and make sure it does not come back to bite you later.

Good luck

 

[Cliko87]

Didn't read the whole thread but I would reach out to Arnold Law he specializes in these situations. It may cost a few $, however he will get it done correctly and make sure it does not come back to bite you later.

Good luck

Thanks!

 

[AJBello]

It sounds like you were taken into custody on a peace officer hold (POH), which is outlined in ORS 426.228:

426.228 Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person. (1) A peace officer may take into custody a person who the officer has probable cause to believe is dangerous to self or to any other person and is in need of immediate care, custody or treatment for mental illness. As directed by the community mental health program director, a peace officer shall remove a person taken into custody under this section to the nearest hospital or nonhospital facility approved by the Oregon Health Authority. The officer shall prepare a written report and deliver it to the licensed independent practitioner who is treating the person. The report shall state:

(a) The reason for custody;

(b) The date, time and place the person was taken into custody; and

(c) The name of the community mental health program director and a telephone number where the director may be reached at all times.

Technically speaking it is not an ARREST, but you were involuntarily taken into custody under that authority. So when the officer said "yes and no", that is why.

If I were in your shoes, and the story is truly like you claim it is, then I would go to whichever agency took you into custody and get a copy of the police report. Make sure it includes the POH form which was filled out by the officer which is different than the typed / internal narrative report. See what was written in the report and that may fill you in on exactly why you were denied (i.e., wife claimed you threatened suicide, etc). Once you know the facts then you can make a more informed decision about how to proceed.

 

[Scvette]

It sounds like you were taken into custody on a peace officer hold (POH), which is outlined in ORS 426.228:

426.228 Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person. (1) A peace officer may take into custody a person who the officer has probable cause to believe is dangerous to self or to any other person and is in need of immediate care, custody or treatment for mental illness. As directed by the community mental health program director, a peace officer shall remove a person taken into custody under this section to the nearest hospital or nonhospital facility approved by the Oregon Health Authority. The officer shall prepare a written report and deliver it to the licensed independent practitioner who is treating the person. The report shall state:

(a) The reason for custody;

(b) The date, time and place the person was taken into custody; and

(c) The name of the community mental health program director and a telephone number where the director may be reached at all times.

Technically speaking it is not an ARREST, but you were involuntarily taken into custody under that authority. So when the officer said "yes and no", that is why.

If I were in your shoes, and the story is truly like you claim it is, then I would go to whichever agency took you into custody and get a copy of the police report. Make sure it includes the POH form which was filled out by the officer which is different than the typed / internal narrative report. See what was written in the report and that may fill you in on exactly why you were denied (i.e., wife claimed you threatened suicide, etc). Once you know the facts then you can make a more informed decision about how to proceed.

What this guy is saying to do is the best advice so far,that's where you should start. Then take the info to an attorney.

 

[Cliko87]

It sounds like you were taken into custody on a peace officer hold (POH), which is outlined in ORS 426.228:

426.228 Custody; authority of peace officers and other individuals; transporting to facility; reports; examination of person. (1) A peace officer may take into custody a person who the officer has probable cause to believe is dangerous to self or to any other person and is in need of immediate care, custody or treatment for mental illness. As directed by the community mental health program director, a peace officer shall remove a person taken into custody under this section to the nearest hospital or nonhospital facility approved by the Oregon Health Authority. The officer shall prepare a written report and deliver it to the licensed independent practitioner who is treating the person. The report shall state:

(a) The reason for custody;

(b) The date, time and place the person was taken into custody; and

(c) The name of the community mental health program director and a telephone number where the director may be reached at all times.

Technically speaking it is not an ARREST, but you were involuntarily taken into custody under that authority. So when the officer said "yes and no", that is why.

If I were in your shoes, and the story is truly like you claim it is, then I would go to whichever agency took you into custody and get a copy of the police report. Make sure it includes the POH form which was filled out by the officer which is different than the typed / internal narrative report. See what was written in the report and that may fill you in on exactly why you were denied (i.e., wife claimed you threatened suicide, etc). Once you know the facts then you can make a more informed decision about how to proceed.

Thanks for the advice.

 

[aikikenjitsu]

Hello everyone.
I live in Eugene OR and I applied for a chl about 6 weeks ago and last week I received a letter from the lane county sheriff saying that he denied my application because I was placed on a police hold 3 years ago. The reason for that was that my wife and I got in a verbal argument and I had been drinking earlier that day. I left the house so could cool off. She then notice that the gun safe was open and the hand gun was gone, and thought I had taken It with me so, she called the police. The police caught up with me a couple blocks away and took me back to the house(I was walking). My wife had already explained everything to them and all they wanted to know is where the gun was. I had cleaned the gun that morning and left it in the case on top of the fridge. Since I had been drinking and there were guns in the house they took me to the hospital to sober up. They also took my hand gun but I was able to get it back 30 days later. The sheriff believes that because of this incident I'm a danger to my self and others. Should I lawyer up and fight this? What do you guys think/recommend?

Thanks

First kick your wife's butt and then move to a different county or state. Or start a campaign again the sheriff and get everyone to vote for a gun friendly sheriff. I'm so used to carrying, if I could no longer carry in this state I would feel like crap, because then only police and criminals would be carrying. I would have to stay because of my wife, but if she was gone, I would move to another friendlier state, like Arizona or Texas.
Sifu

 

[CaptMarvel]

If you were not formerly "adjudicated" by a 72hr hold hearing, but just released after you sobered up, then you were denied due process. However, some Sheriff's believe they have some discretion despite the Constitution. Article 1 ch 27 "Section 27. Right to bear arms; military subordinate to civil power. The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.] does not have a "shall not be infringed" clause. Consult with an attorney that specializes in gun rights and form a strategy. It is likely that an underling processed the application and saw "detained at the hospital for his own safety and that of others" and rejected it out of hand. There is a good chance the Sheriff never even saw it. Most county SO's are processing upwards of a thousand apps a month, frequently more and I can't believe the Sheriff reviews every one personally, I am no attorney but I see nothing in the statute for grounds for denial based on what you have said. Get a lawyer before you march downtown....the last thing you want to do is piss him off before your ducks are in a row..

REVIEW
2015 ORS 166.291
.

 

[bikemutt]

Maybe OR is a shall-issue state but I had to submit a fair amount of discretionary material when I applied for my non-resident CWP; two or three letters of recommendation, and a letter stating why I need a CWP in OR. Of course, it may be different for OR residents, not sure. Near as I can remember the folks who wrote recommendations for me had to answer form questions, like if I'm prone to violence and other things along those lines. In any event the sheriff approved my permit despite the two clowns who recommended me saying I'm a dick.

My gut tells me the CLEO still may have the final say regardless of what the record might indicate. I agree with what others have said, appeal directly to the sheriff.

 

[tionico]

Then you're good to go there. I take it OR does not have shall issue. If that's the case all you can do is ask a lawyer what if anything you can do.

Oregon are SHALL ISSUE. Unless there is a prohibiting history, and this business does not fulfill the requirements, they can NOT deny. I'd go back and have a chat with the sheriff., Get the head cheese, not a deputy. No charges filed, there is no disabilng incident. You've never been indicted on a domestic violence rap. THAT is disabling.

In reality, it seems you made a stupid choice to get drunk, then for mouthy.... but made some really WISE choices in NOT getting physical AND not bringing along your handgun for your cooloff walk. You seem to have been cooperative with LE both in the original incident and in the followup to the denial. I'd go face to face.. be respectful, but firm. Seems to me you should NOT have been denied.

 

[tionico]

Not true. If the state gives them back,your good.

since you've bought a gun since then, BATF are NOT at issue. This is a deal with your local chief LEO. Talk to HIM... I believe the Oregon Constitution specifically protects your right to arms, and to carry tem in public.

 

[Silver Hand]

LOL. When my wife and I had our first appointment to get our CHLs, after a six month wait because they were backed up with applications, we asked the clerk "When do we meet with the Sheriff"? She just laughed and replied "He is too busy to handle these little things" In other words he is too busy to meet with the little people. Yeah, too busy remodeling his house to show up at the office!

I just walk into the waiting room and ask to speak with him and
there has never been a time I was told he was to busy.

There was a time I had to come back as he was not in.
If you really need an appointment to see your local sheriff there is a problem or it is over something like, "When do we meet with the Sheriff"?

In every county, in this state of Oregon, there is a Sheriffs office and If I were you I would ask how he would like to be addressed. Nine out of ten he will give you his first name.
He can tell you what the hold up is.

If you are a felon or just want to waist his time you will be treated accordingly.
Silver Hand