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CHL question

Discussion in 'Knives & Other Discussion' started by packerfan503, Jan 19, 2015.

  1. packerfan503

    packerfan503 sw pdx Member

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    First let me say if this topic is in the wrong section I apologize.

    Long and short of it is my wife got a duii in Washington county. This was 3 years ago. She completed diversion. Can she get her CHL?
  2. SHPD_Retired

    SHPD_Retired Saint Helens Well-Known Member

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    If she succesfully completed diversion then the charge of D.U.I.I. would have been dismissed and she will not have been convicted of a crime, so she should be able to.
  3. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    If she was CONVICTED and it was classified as a misdemeanor within four years... No she can't, she'll have to wait another year. If the completed diversion class mitigated the DUI charges and she has no record of CONVICTION, then most likely yes she can.

    The statutes listed are to be used only as reference material. Scroll down the the blue highlighted section. If you're still unsure, seek legal advice from a licensed attorney. Hope that helps!

    (Applying For your CHL)

    ORS 166.291. (1) The sheriff of a county, upon a person’s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person:

    (a)(A) Is a citizen of the United States; or

    (B) Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;

    (b) Is at least 21 years of age;

    (c) Is a resident of the county;

    (d) Has no outstanding warrants for arrest;

    (e) Is not free on any form of pretrial release;

    (f) Demonstrates competence with a handgun by any one of the following:

    (A) Completion of any hunter education or hunter safety course approved by the State Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course;

    (B) Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;

    (C) Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course;

    (D) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, reserve law enforcement officers or any other law enforcement officers if handgun safety was a component of the course;

    (E) Presents evidence of equivalent experience with a handgun through participation in organized shooting competition or military service;

    (F) Is licensed or has been licensed to carry a firearm in this state, unless the license has been revoked; or

    (G) Completion of any firearms training or safety course or class conducted by a firearms instructor certified by a law enforcement agency or the National Rifle Association if handgun safety was a component of the course;

    (g) Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;

    (h) Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295, of a misdemeanor within the four years prior to the application;

    (i) Has not been committed to the Oregon Health Authority under ORS 426.130;

    (j) Has not been found to be mentally ill and is not subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;

    (k) Has been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, the person was found to be within the jurisdiction of the juvenile court for having committed an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470;

    (L) Has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program, except this disability does not operate to exclude a person if:

    (A) The person has been convicted only once of violating ORS 475.864 (3) and has not completed a court-supervised drug diversion program under ORS 135.907; or

    (B) The person has completed a court-supervised drug diversion program under ORS 135.907 and has not been convicted of violating ORS 475.864 (3);

    (m) Is not subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.735 or 163.738;

    (n) Has not received a dishonorable discharge from the Armed Forces of the United States; and

    (o) Is not required to register as a sex offender in any state.

    (2) A person who has been granted relief under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or has had the person’s record expunged under the laws of this state or equivalent laws of other jurisdictions is not subject to the disabilities in subsection (1)(g) to (L) of this section.

    (3) Before the sheriff may issue a license:

    (a) The application must state the applicant’s legal name, current address and telephone number, date and place of birth, hair and eye color and height and weight. The application must also list the applicant’s residence address or addresses for the previous three years. The application must contain a statement by the applicant that the applicant meets the requirements of subsection (1) of this section. The application may include the Social Security number of the applicant if the applicant voluntarily provides this number. The application must be signed by the applicant.

    (b) The applicant must submit to fingerprinting and photographing by the sheriff. The sheriff shall fingerprint and photograph the applicant and shall conduct any investigation necessary to corroborate the requirements listed under subsection (1) of this section. If a nationwide criminal records check is necessary, the sheriff shall request the Department of State Police to conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. The Federal Bureau of Investigation shall return the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. The Department of State Police shall report the results of the fingerprint-based criminal records check to the sheriff. The Department of State Police shall also furnish the sheriff with any information about the applicant that the Department of State Police may have in its possession including, but not limited to, manual or computerized criminal offender information.

    (4) Application forms for concealed handgun licenses shall be supplied by the sheriff upon request. The forms shall be uniform throughout this state in substantially the following form:


    (5)(a) Fees for concealed handgun licenses are:

    (A) $15 to the Department of State Police for conducting the fingerprint check of the applicant.

    (B) $50 to the sheriff for the issuance or renewal of a concealed handgun license.

    (C) $15 to the sheriff for the duplication of a license because of loss or change of address.

    (b) The sheriff may enter into an agreement with the Department of Transportation to produce the concealed handgun license.

    (6) No civil or criminal liability shall attach to the sheriff or any authorized representative engaged in the receipt and review of, or an investigation connected with, any application for, or in the issuance, denial or revocation of, any license under ORS 166.291 to 166.295 as a result of the lawful performance of duties under those sections.

    (7) Immediately upon acceptance of an application for a concealed handgun license, the sheriff shall enter the applicant’s name into the Law Enforcement Data System indicating that the person is an applicant for a concealed handgun license or is a license holder.

    (8) The county sheriff may waive the residency requirement in subsection (1)(c) of this section for a resident of a contiguous state who has a compelling business interest or other legitimate demonstrated need.

    (9) For purposes of subsection (1)(c) of this section, a person is a resident of a county if the person:

    (a) Has a current Oregon driver license issued to the person showing a residence address in the county;

    (b) Is registered to vote in the county and has a memorandum card issued to the person under ORS 247.181 showing a residence address in the county;

    (c) Has documentation showing that the person currently leases or owns real property in the county; or

    (d) Has documentation showing that the person filed an Oregon tax return for the most recent tax year showing a residence address in the county.

    166.292 Procedure for issuing; form of license; duration. (1) If the application for the license is approved, the sheriff shall issue and mail or otherwise deliver to the applicant at the address shown on the application, within 45 days of the application, a wallet sized license bearing the photograph of the licensee. The license must be signed by the licensee and carried whenever the licensee carries a concealed handgun.

    (2) Failure of a person who carries a concealed handgun also to carry a concealed handgun license is prima facie evidence that the person does not have such a license.

    (4) An Oregon concealed handgun license issued under ORS 166.291 and this section, unless revoked under ORS 166.293, is valid for a period of four years from the date on which it is issued.

    (5) The sheriff shall keep a record of each license issued under ORS 166.291 and this section, or renewed pursuant to ORS 166.295.

    (6) When a sheriff issues a concealed handgun license under this section, the sheriff shall provide the licensee with a list of those places where carrying concealed handguns is prohibited or restricted by state or federal law. [1989 c.839 §9 (166.291 to 166.293 enacted in lieu of 166.290); 1993 c.625 §5; 1993 c.693 §2; 1993 c.735 §5]

    166.293 Denial or revocation of license; review. (1) If the application for the concealed handgun license is denied, the sheriff shall set forth in writing the reasons for the denial. The denial shall be sent to the applicant by certified mail, restricted delivery, within 45 days after the application was made. If no decision is issued within 45 days, the person may seek review under the procedures in subsection (5) of this section.

    (2) Notwithstanding ORS 166.291 (1), and subject to review as provided in subsection (5) of this section, a sheriff may deny a concealed handgun license if the sheriff has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant’s mental or psychological state or as demonstrated by the applicant’s past pattern of behavior involving unlawful violence or threats of unlawful violence.

    (3)(a) Any act or condition that would prevent the issuance of a concealed handgun license is cause for revoking a concealed handgun license.

    (b) A sheriff may revoke a concealed handgun license by serving upon the licensee a notice of revocation. The notice must contain the grounds for the revocation and must be served either personally or by certified mail, restricted delivery. The notice and return of service shall be included in the file of the licensee. The revocation is effective upon the licensee’s receipt of the notice.

    (4) Any peace officer or corrections officer may seize a concealed handgun license and return it to the issuing sheriff if the license is held by a person who has been arrested or cited for a crime that can or would otherwise disqualify the person from being issued a concealed handgun license. The issuing sheriff shall hold the license for 30 days. If the person is not charged with a crime within the 30 days, the sheriff shall return the license unless the sheriff revokes the license as provided in subsection (3) of this section.

    (5) A person denied a concealed handgun license or whose license is revoked or not renewed under ORS 166.291 to 166.295 may petition the circuit court in the petitioner’s county of residence to review the denial, nonrenewal or revocation. The petition must be filed within 30 days after the receipt of the notice of denial or revocation.

    (6) The judgment affirming or overturning the sheriff’s decision shall be based on whether the petitioner meets the criteria that are used for issuance of a concealed handgun license and, if the petitioner was denied a concealed handgun license, whether the sheriff has reasonable grounds for denial under subsection (2) of this section. Whenever the petitioner has been previously sentenced for a crime under ORS 161.610 or for a crime of violence for which the person could have received a sentence of more than 10 years, the court shall grant relief only if the court finds that relief should be granted in the interest of justice.

    (7) Notwithstanding the provisions of ORS 9.320, a corporation, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section.

    (8) Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as practicable thereafter.

    (9) Filing fees for actions shall be as for any civil action filed in the court. If the petitioner prevails, the amount of the filing fee shall be paid by the respondent to the petitioner and may be incorporated into the court order.

    (10) Initial appeals of petitions shall be heard de novo.

    (11) Any party to a judgment under this section may appeal to the Court of Appeals in the same manner as for any other civil action.

    (12) If the governmental entity files an appeal under this section and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party. [1989 c.839 §9a (166.291 to 166.293 enacted in lieu of 166.290); 1993 c.735 §6; 1995 c.518 §3; 1995 c.658 §89; 1999 c.1052 §7; 2003 c.14 §65; 2007 c.202 §1; 2007 c.368 §3]

    166.295 Renewal of license. (1)(a) A concealed handgun license is renewable by repeating the procedures set out in ORS 166.291 and 166.292, except for the requirement to submit fingerprints and provide character references. A licensee may submit the application for renewal by mail if the licensee:

    (A) Is an active member of the Armed Forces of the United States, the National Guard of the United States or the Oregon National Guard; and

    (B) Submits with the application proof of the licensee’s military orders and a copy of the licensee’s military identification.

    (b) An otherwise expired concealed handgun license continues to be valid for up to 45 days after the licensee applies for renewal if:

    (A) The licensee applies for renewal before the original license expires;

    (B) The licensee has proof of the application for renewal; and

    (C) The application for renewal has not been denied.

    (2) If a licensee changes residence, the licensee shall report the change of address and the sheriff shall issue a new license as a duplication for a change of address. The license shall expire upon the same date as would the original. [1989 c.839 §10; 1993 c.735 §7; 2007 c.368 §4]

    166.297 Annual report regarding revocation of licenses. (1) The sheriff of a county shall submit annually to the Department of State Police a report containing the number of concealed handgun licenses revoked during the reporting period and the reasons for the revocations.

    (2) The Department of State Police shall compile the reports submitted under subsection (1) of this section and shall submit the compilation to the Legislative Assembly biennially. [1993 c.735 §13]

    166.300 Killing or injuring another with firearm as cause for loss of right to bear arms. (1) Any person who has committed, with firearms of any kind or description, murder in any degree, or manslaughter, either voluntary or involuntary, or who in a careless or reckless manner, kills or injures another with firearms, and who, at any time after committing murder or manslaughter or after said careless or reckless killing or injury of another, carries or bears firearms of any kind or description within this state, commits a Class A misdemeanor.

    (2) Subsection (1) of this section does not deprive the people of this state of the right to bear arms for the defense of themselves and the state, and does not apply to any peace officer in the discharge of official duties or to a member of any regularly constituted military organization while on duty with such military organization. [Amended by 2011 c.597 §163]
    packerfan503 likes this.
  4. Ed Crabb

    Ed Crabb Keizer Oregon New Member

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    I had a DUII for a prescription Vicodin back in 2008, I applied for my CHL in Marion County, not only did it take 55 days for a decision, but I was denied because the Sheriff him self stated that in the deep background check his staff did they found I was convicted of DUII. I wrote a letter asking him how this could be as I have a full and complete set of documentation for my case, and it specifically says that I successfully completed my Diversion, and the DA recommended to the District court to dismiss the Citation, Which the Judge did that same day, all in plain black and white print. Oregon has a computer program that is call "OJIN" Oregon Judiciary Information Network. It is available for DA's private practice lawyers, and even the public can got to your counties Law Library and use the system. The Sheriff stated in the denial that I have been convicted. So Iwrote him a letter and sent the two copies of the case documentation showing the DA's Recommendation, and the District Court Judge signing off and releasing me from any and all liability, and dismissing the citation.

    A got a letter back in a few days, As the Sheriff of Marion County I stand by my staffs recommendation to deny, so I am Filing a petition to review my application with a District court judge and he or she will make a binding decision. Oregon statute ORS 166.293 does say if you have been through a court supervised diversion you are not eligible for a CHL license. However part 5 of the Revised Statute also states several situations where you can avoid the DUII issue you just have to know which ones to site in your petition.