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

[NNL]

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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:
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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"​

<broken link removed>

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.

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[Joe13]

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.

 

[Kruel J]

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.

This.

 

[Joe13]

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.

 

[etrain16]

+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.

 

[11Charlie]

+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.

 

[jordanka16]

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

 

[CountryGent]

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.

 

[NNL]

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.

 

[pdx210]

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.

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

 

[Bushman]

Ivy league educated Lawyer...

 

[Larrytpdx]

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)

 

[Mikej]

Here's a local group that all people carrying fire arms should have contact info for.

Portland Criminal Defense Attorneys | Short Law Group, P.C

Among others of course.

 

[Norm0931]

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.

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 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"​

Did you read the entirety of 166.291?

ORS 166.291 (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 can demonstrate that the person has been convicted only once of a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense, and has not completed a drug diversion program for a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense; or

(B)The person can demonstrate that the person has only once completed a drug diversion program for a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense, and has not been convicted of a marijuana possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of the offense;

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.

 

[Who The F R U]

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)

Tell that to Bundy..........

 

[oknow]

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.

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

Just givin you a hard time
Hard to pass on a good dig.

 

[NNL]

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.

 

[NWGlockgal]

The sheriff stated I lied on my application by not indicating I participated in a drug diversion program.

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

 

[cooldudeinPDX]

why did you not indicate that you had completed a diversion program.

 

[NNL]

why did you not indicate that you had completed a diversion program.

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.