Quantcast
  1. Sign up now and join over 35,000 northwest gun owners. It's quick, easy, and 100% free!

CHL question

Discussion in 'Legal & Political Archive' started by inkedgenius, Feb 19, 2012.

  1. inkedgenius

    inkedgenius Aumsville New Member

    Messages:
    22
    Likes Received:
    3
    In 2007, I got a DUI and was later convicted of it in 2008. I read the requirements for obtaining a CHL in Marion County, it says must Not have been convicted of a misdemeanor in the past 4 years, and must Not have a documented problem with alcohol. Will this disqualify me from getting my CHL?

    Any help would be greatly appreciated!

    Thanks guys.
     
  2. Dunerunner

    Dunerunner You'll Never Know Well-Known Member

    Messages:
    2,476
    Likes Received:
    1,234
    Sounds like it, doesn't it. But, since I do not work for the State Police nor, am I a lawyer; I recommend you contact either of those sorces for a definative answer. Legal advice on the internet is worth exactly what you pay for it.....nothing!
     
  3. inkedgenius

    inkedgenius Aumsville New Member

    Messages:
    22
    Likes Received:
    3
    That's true, haha. I guess I'll start with the OSP and depending on what they say, I'll talk to an attorney.
     
  4. rolandson

    rolandson Oregon Active Member

    Messages:
    164
    Likes Received:
    98
    yep, don't bother applying.

    The requirement is based upon one's ability to exercise good judgment; getting popped for a DUI pretty much blows that precondition all to poop. The requirements are the same state wide, not just Marion County.

    If you want to throw money at an attorney, well...it's your money.
     
  5. drew

    drew OR Well-Known Member

    Messages:
    4,052
    Likes Received:
    970
    Where did you find that? I can't find anything in ORS 166.291 that supports your statement. If the crime is a misdemeanor, it has to be over 4 years.
     
  6. Redcap

    Redcap Lewis County, WA Well-Known Member

    Messages:
    3,990
    Likes Received:
    2,731
    d2b78312-2a0b-49e3-b6f6-89882d9f7785.jpg
     
  7. inkedgenius

    inkedgenius Aumsville New Member

    Messages:
    22
    Likes Received:
    3
    I'm not giving up that easy. I would wait until after the four year mark after the conviction date to apply. I'm just wondering what they consider "documented problem with alcohol." I'm not sure a DUI counts, because I'm thinking it's more along the lines of a habitual offender or someone with a known addiction. But I could be wrong... We'll see.
     
    Redcap and (deleted member) like this.
  8. rolandson

    rolandson Oregon Active Member

    Messages:
    164
    Likes Received:
    98
    Multnomah County Sheriff's Office. And it's not 4 years post offense, it's 4 years post conviction.
     
  9. Vantage

    Vantage Pacific Standard Time Active Member

    Messages:
    245
    Likes Received:
    170
    Were you "Convicted" or did you take Diversion?

    A friend of mine has a DUII on his record and still got his CHL. Of course it was almost 10 years old and since he took diversion it wasn't considered a "Conviction".
     
  10. drew

    drew OR Well-Known Member

    Messages:
    4,052
    Likes Received:
    970
    Exactly where do they use a phrase regarding one's judgement? Nowhere does the word "judgement" appear on their CHL application. I never specified if the date was post offense or conviction as it's plainly spelled out on the applications and in statute.
     
  11. noshis9s

    noshis9s Bend New Member

    Messages:
    24
    Likes Received:
    12
    I would think they would look hard at someone with more that one DUI on their record, but if you have an otherwise spotless record, and it has been four years since your conviction, I'll bet you are okay.

    All it said on mine was have you had any felonies or misdemeanors (including infractions or violations) related to possession or use of a controlled substance, and then it says (Alcohol is not a controlled substance).

    Give it a shot, state your case to the big guy and worst case go home $65 poorer. :)
     
  12. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

    Messages:
    5,774
    Likes Received:
    4,953
    Call the Marion county Sheriffs office not the State Police. The Sheriffs handle CHL the State Police just handle the BGC's
     
  13. rolandson

    rolandson Oregon Active Member

    Messages:
    164
    Likes Received:
    98
    drew, feel free to call them and ask...here's their phone number:
    http://www.mcso.us/public/concealed_handgun.htm
    When completing the application process in 2000 our group was admonished: "If you have a DUI on your record do not expect to be approved as it is our policy to view that as an exercise in poor judgement ..." You would have to inquire of them as to what part of the statute they rely upon. As I have never been charged with DUI, I didn't much care.
     
  14. inkedgenius

    inkedgenius Aumsville New Member

    Messages:
    22
    Likes Received:
    3
    I figure that if the OSP and FBI were willing to let me purchase 2 handguns in the last 2 months, then the Marion County Sheriff office should be willing to let me get my license to carry one... If only it were that simple, haha.
     
  15. Tangent123123

    Tangent123123 Battle Ground Active Member

    Messages:
    262
    Likes Received:
    199
    A DUI pretty much is by definition "a documented problem with alcohol" is it not?
     
  16. rolandson

    rolandson Oregon Active Member

    Messages:
    164
    Likes Received:
    98
    +1
     
  17. inkedgenius

    inkedgenius Aumsville New Member

    Messages:
    22
    Likes Received:
    3
    Not necessarily, captain obvious.
     
  18. rolandson

    rolandson Oregon Active Member

    Messages:
    164
    Likes Received:
    98
    It's a simple question -genius, just give 'em a call...they have no reason to lie to you. it may save you the $65 app fee or make your day, either way it's a far more authoritative answer than you will get online.
     
  19. Riot

    Riot Benton County, Washington Well-Known Member

    Messages:
    3,035
    Likes Received:
    1,727
    And this is why all states should be "shall issue" and not "may issue". The interpretation of broad terms like the above will differ between counties. Any place that you must show a need for a firearm or have Sherriff approval is just a disaster for corruption/control waiting to happen. It should state a specific number of DUIs or a blanket term for crimes. Nobody here can tell him "yes" or "no" to this question because a sheriff might deny or approve him at his/her discretion based on their interpretation of this very statement of a "documented problem with alcohol".
     
    inkedgenius and (deleted member) like this.
  20. inkedgenius

    inkedgenius Aumsville New Member

    Messages:
    22
    Likes Received:
    3
    Well said. Thanks.