Denied CHL - Looking for feedback on lawyers' recommendation

[pdxRealtor]

Has this affected your FFL purchases? I am trying to analyze the whole picture.

I've purchased over $7000 worth of firearms in the last two months, since I've decided to get involved in the sport. I have had no issues. I am legally allowed to purchase own and sell firearms.

 

[The B]

So you are all for denying one's right to self defense with common tools ?

If the OP was truly a " hothead " he most likely would not attempt to go through the prescribed process.

You may not be trying, but you certainly are succeeding.

I'm for being a responsible person and accepting that you might have a problem and carrying a gun isn't a good idea. If I had a history and attitude like his, I would (if I was being responsible) voluntarily not carry. Just like if I kept racking up DUIs, I'd voluntarily quit drinking. Is it your right to drink? Sure. Should everyone? Hell no.

 

[pdxRealtor]

As surprising as it may be, you get 3 shots in a 10 year period before a DUII gets kicked up to a C Felony. Provided of course no other offenses were being committed at the same time. ORS 813.010 (5)

Misdemeanors from at least 4 years ago have no direct bearing on the CHL application. So even as bad as your past record appears, no single charge you've described would prevent you from being approved. However, the Sheriff is allowed to make decisions based off a "past pattern of behavior" ORS 166.293 (2).

Appeal the Sheriffs decision, make your case and get a "quick" decision from a judge. Getting your record expunged is a well and good, but honestly it's just lawyers looking to keep you on the hook for a payday.

I agree about the lawyer getting a payday. I dont recall if I made it clear I Would handle the expungments myself. I think based off the good advice in this thread and my ongoing thoughts I will call all three attorneys back and round up a fourth to speak with.

 

[DeanfromOregon]

You will not be able to get multiple DUI and DWS arrests just tossed away. I would suggest you save your money and accept the consequences of your actions.

You can still open carry many places, do it. Without debating the merits of the current rules, I'd say you are in a no win situation for an Oregon CHL. There are states now that offer constitutional carry, if you lived there, you could probably carry.

Personally, I would never have even let you get a drivers license again after that kind of a run.

 

[DuneHopper]

I've purchased over $7000 worth of firearms in the last two months, since I've decided to get involved in the sport. I have had no issues. I am legally allowed to purchase own and sell firearms.

So they denied the CHL and allow the purchase of firearms ?

 

[The B]

There's a higher standard for carrying than for owning

 

[pdxRealtor]

You will not be able to get multiple DUI and DWS arrests just tossed away. I would suggest you save your money and accept the consequences of your actions.

You can still open carry many places, do it. Without debating the merits of the current rules, I'd say you are in a no win situation for an Oregon CHL. There are states now that offer constitutional carry, if you lived there, you could probably carry.

Personally, I would never have even let you get a drivers license again after that kind of a run.

Do you say I'm in a no win situation from experience of some kind?

My DUIIs were over 17 years ago.

I paid the price for my duiis and for skipping the diversion option. After I got my head on straight It took over 5 years and a lot of money to gain my unrestrcited license back.

 

[Member 18201]

I'm for being a responsible person and accepting that you might have a problem and carrying a gun isn't a good idea. .......

This I understand and agree with. However, if past actions dictated the same in the future, Paul may not have written so many letters.

The premise as read in your prior post leaned on the power and control of a politician.

 

[Brutus57]

I would suggest going the route of getting it all expunged and then trying. Not to pile on but you do have quite a record for applying for a CHL. However, people can and do change. I'd say slim to none of getting a Chl without expungement. Because it is the
Sheriff who gives the nod. Now you know why personal judgement and integrity are so important. If it was not you and just some guy on the street with a similar record would you trust him with a deadly weapon?

GOOD LUCK. & let us know how it turns out.

Brutus Out

 

[pdxRealtor]

I would suggest going the route of getting it all expunged and then trying. Not to pile on but you do have quite a record for applying for a CHL. However, people can and do change. I'd say slim to none of getting a Chl without expungement. Because it is the
Sheriff who gives the nod. Now you know why personal judgement and integrity are so important. If it was not you and just some guy on the street with a similar record would you trust him with a deadly weapon?

GOOD LUCK. & let us know how it turns out.

Brutus Out

Thx for your input. Exactly what I am looking for in trying to sort through the differences im hearing from attorneys.

 

[FireArm]

DUII does effect your CHL eligibility, you loose your CHL for getting a DUII.

 

[bolus]

Another attorney option:
<broken link removed>

 

[DeanfromOregon]

Do you say I'm in a no win situation from experience of some kind?

My DUIIs were over 17 years ago.

I paid the price for my duiis and for skipping the diversion option. After I got my head on straight It took over 5 years and a lot of money to gain my unrestrcited license back.

I didn't say you were in a no win situation, those are your words not mine. I said it was unlikely you will be able to get your convictions tossed.

I'm all about the fresh start, 5 years sober myself.

Spending lots of cash chasing down a CHL might be better invested in another direction.

And I'm sorry man but you get popped that many times and you're done driving in my book. But that's just me and probably why I haven't been made emperor yet!

 

[pdxRealtor]

I didn't say you were in a no win situation, those are your words not mine. I said it was unlikely you will be able to get your convictions tossed.

I'm all about the fresh start, 5 years sober myself.

Spending lots of cash chasing down a CHL might be better invested in another direction.

And I'm sorry man but you get popped that many times and you're done driving in my book. But that's just me and probably why I haven't been made emperor yet!

Congrats on your five years.

You did say no win, paragragh two sentence 2.5. FWIW

Being 'in the business' yourself at one point you should known as well as I do two DUIIs is not all that uncommon.

Anyways no denying being under the influence while driving results in very bad things sometimes.

 

[DuneHopper]

There's a higher standard for carrying than for owning

Thanks learn something new everyday did not know this any idea where or how this is documented ?

 

[Nick Burkhardt]

If anyone NEEDS an Oregon CHL it is a Realtor in East Gresham/Troutdale.

 

[pdxRealtor]

LOL ^^

I'm a new resident out here, came from the west side of town. It's not too bad where I'm at, but very quickly can end up in Rockwood or the like.

 

[The B]

The premise as read in your prior post leaned on the power and control of a politician.

BOTH apply - there IS a law that addresses people with certain patterns of behavior, and it exists because people like the OP (if we're arguing that he's truly someone who shouldn't carry a gun - I cannot make that determination from my desk, just stating it sounds like he is) will not make the right decision by themselves. Because we have people who will try to legally obtain permits even when they shouldn't, we have a law that allows the sheriff to make an exception and not issue in those instances. If we're going to have the process, and we're going to have permits, then we should have this policy in place. Otherwise what the hell's the point?

If you want to argue we should have constitutional carry, feel free. I won't even disagree. But that's not what we have.

Because we 2A types are sensitive to the topic, some may be inclined to support the OP trying to fight his sheriff's ruling. But in this case- regardless of principle- we're talking about someone who's making the law look useful. Would not only be better for him, but would be better for us all if he just took it and faded out on the whole thing, lest our enemies be galvanized by a gun law actually working.

But he's a big boy and can do whatever he wants. I will not lose any sleep either way. Just posting my opinion, like everyone here.

 

[Certaindeaf]

Those little bags a peanuts just piss me off too.. goldang peanut Nazis!

 

[U201494]

There's a higher standard for carrying than for owning

How can that be if you are allowed to open carry?