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Denied OR CHL – Representing myself Pro Se and looking for advice.

Discussion in 'Firearm Laws & Legal' started by NNL, Nov 28, 2016.

  1. NNL

    NNL Portland New Member

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    ***************
    UPDATE: After I petitioned the court, a lawyer for Multnomah county agreed with me and asked the sheriff to issue my license.

    For anyone who has any questions about this in the future, ORS 166.291(10) limits drug diversions to only include marijuana diversions. No other drug diversions can disqualify you. Let me repeat that: ONLY MARIJUANA BASED DRUG DIVERSION PROGRAMS CAN DISQUALIFY YOU FROM A CHL IN OREGON.

    Here is the relevant wording: ORS166.291(10) "As used in this section, “drug diversion program” means a program in which a defendant charged with a marijuana possession offense completes a program"

    On the form it will state, "I have not been convicted of an offense involving controlled substances or completed a court-supervised drug diversion program." It really means this: I have not been convicted of an offense involving controlled substances or completed a court-supervised drug diversion program in which I was charged with a marijuana possession offense.

    Of course the sheriff will not like this interpretation, but its not really an interpretation, its how the law is written.


    Below is the original post:
    **************

    When I was an adult teen I was arrested for possession of a club drug (not marijuana) and participated in a “diversion” program in California. Fast Forward 15 years later, I applied for a CHL permit and summarily denied. The sheriff stated I lied on my application by not indicating I participated in a drug diversion program.

    I plan on taking this to court and I will be representing myself "Pro Se." Has anyone done this? Do I need to include my entire case in the petition or just my intent?

    I am following the instructions outlined here but they seem a bit dated:

    So They Revoked Your Permit???


    The facts of my case are pretty simple:

    1. OR 166.291 clearly states that they are only referencing marijuana drug diversion (my diversion wasn’t for marijuana).

    166.291(10) Issuance of concealed handgun license; application; fees; liability - As used in this section, “drug diversion program” means a program in which a defendant charged with a marijuana possession offense completes a program under court supervision and in which the marijuana possession offense is dismissed upon successful completion of the diversion program.​

    Chapter 166

    2. OR 166.291 also states that 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.

    CA PC 1000.4 “Upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred. The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted deferred entry of judgment”​

    CA Codes (pen:1000-1000.6)

    3. Per Langlotz v. Noelle, the sheriff does not have the right to ask for information not outlined in in OR 166.291.

    The trial court concluded that defendant did not have statutory authority to require applicants to disclose business names, work addresses, and work phone numbers but that, incident to his duty to conduct an investigation of applicants, ORS 166.291​

    Oregon Judicial Department - Publications

    I am running out of time on this and plan to file early next week. Any help is appreciated and I have a feeling the Sheriff knows the law, and they feel that there are zero consequences when they break it.


    Thanks.
     
    Last edited: Jan 8, 2017
  2. Joe13

    Joe13 NW of Vancouver Opinionated & Blunt Bronze Supporter 2015 Volunteer 2016 Volunteer

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    1. Don't take advice from the internet if your serious about getting your CHL.

    2. Get a lawyer if your serious about getting your CHL.

    That's all I got for ya, even though it's probably not what you want to hear.
     
    Riot, Glock Jock, USMC-03 and 23 others like this.
  3. Kruejl

    Kruejl Hillsboro Moderator of the Coriolis effect Staff Member Gold Supporter

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    This.
     
    evltwn, Ura-Ki, Baseacegoku and 4 others like this.
  4. Joe13

    Joe13 NW of Vancouver Opinionated & Blunt Bronze Supporter 2015 Volunteer 2016 Volunteer

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    As an teen I had an unfortunate set of events that got me charged with negligent driving, reckless driving, speeding and evading an officer of the law (it was a total misunderstanding and not a story I'm willing to share other then I had a gun drawn on me while the cop turned purple screaming at me...).

    $800 and a good lawyer got me off with speeding 10 over the limit and an illegal U-turn. Best $800 I ever had to pay back/work off to my parents.
     
    orygun, Ura-Ki, notazombie and 5 others like this.
  5. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    +3 - get a proper lawyer.

    Don't try and do this yourself. Invest a little money into a lawyer that knows how to clear this stuff and you should be good to go.
     
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  6. SKrueger

    SKrueger Brush Prairie Silver Supporter Silver Supporter

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    +4 for what its worth get an attorney. In my experience these guys know what there doing and will chew you up and spit you out given half the chance. But with good legal they can't twist the laws in there favor.
     
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  7. jordanka16

    jordanka16 Albany, OR Active Member

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    I'll be +5 for an attorney, it might be the difference between getting to carry and not getting to, totally worth it.
     
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  8. CountryGent

    CountryGent Southern Oregon Gold Supporter Gold Supporter Bronze Supporter

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    Just another ditto to what the fellows said above; get yourself a good attorney. You do not want to go to court without counsel. While there is, obviously, going to be some cost involved, in the grand scheme of things that will be pretty minor.

    Good luck.
     
    Ura-Ki likes this.
  9. NNL

    NNL Portland New Member

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    Ill set up a consultation and see how to proceed. A CHL is only partially why I want to do this. All I want is for the sheriff to follow the law.
     
    maddog, Ura-Ki and CountryGent like this.
  10. pdx210

    pdx210 Clackamas Active Member

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    That right there talk to a lawyer.


    On a side note I've always wondered how well they look into a person background now I know ;)
     
    Joe13 likes this.
  11. Bushman

    Bushman Auburn, WA Well-Known Member

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    Ivy league educated Lawyer...
     
    Joe13 likes this.
  12. Larrytpdx

    Larrytpdx Portland, OR Bronze Supporter Bronze Supporter

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    As Abraham Lincoln wisely said - “He who represents himself has a fool for a client”.
    Get an attorney! (And follow the advice of the Forum) ;)
     
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  13. Mikej

    Mikej Portland Gold Supporter Gold Supporter 2015 Volunteer 2016 Volunteer

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    Ura-Ki, Joe13 and NNL like this.
  14. Norm0931

    Norm0931 Hillsboro, OR Sgt. Sheep Silver Vendor 2016 Volunteer

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    Did you read the entirety of 166.291?
    I'd advocate for a lawyer as well, but I think you are probably SOL. Law is pretty clear that any drug program, aside from a one time marijuana charge/program, is grounds for denial.
     
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  15. Who The F R U

    Who The F R U Rainier Oregon Well-Known Member

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    Tell that to Bundy..........:)
     
  16. oknow

    oknow amboy wa. Well-Known Member

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    Which should he follow #1 or #2?????

    Just givin you a hard time:cool:
    Hard to pass on a good dig.
     
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  17. NNL

    NNL Portland New Member

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    I am not subject to (L) because of my number 2 paragraph and section (10) of ORS 166.291. Make sure you are reading the 2015 revised statute I linked and not the one first linked in google, which is outdated.
     
  18. NWGlockgal

    NWGlockgal Oregon Well-Known Member

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    Interesting....seems like he was more concerned about lying on the application than the drug diversion program.
     
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  19. cooldudeinPDX

    cooldudeinPDX Portland,Oregon Member

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    why did you not indicate that you had completed a diversion program.
     
    maddog likes this.
  20. NNL

    NNL Portland New Member

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    I get a weird shill vibe from you. Ill tell you what, you tell me what a drug diversion program is and I'll tell you why.