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Diversion

Discussion in 'Legal & Political Archive' started by Gotmyrights, Feb 12, 2015.

  1. Gotmyrights

    Gotmyrights Hillsboro Member

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    I have a diversion from 2007. Is this going to keep me from getting my concealed carry?
     
  2. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    It will probably depend on what the original crime was.
    If it was DV or such ,it may take a bit. If it was DUI may be easier.
    All you can do is give it a try,then if you are denied,try a lawyer.
     
  3. Gotmyrights

    Gotmyrights Hillsboro Member

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    I'm sorry, it was a DUI.
     
  4. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    I know a guy,:rolleyes:,that has a CCP and has gone thru the same sort of thing,cough,cough.
    It wasn't a full fledged dywy though. And the guy lives in WA
    I may not be able to go to canucda, but I can't take guns so who cares?
     
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  5. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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    I thought Washington as a "shall issue" state gave you a CPL as long as you where legal to own a firearm? Is that not correct? I always assumed if you could pass a background check you where pretty much guaranteed a CPL
     
  6. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

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    The applicant's constitutional right to bear arms shall not be denied, unless:
    (a) He or she is ineligible to possess a firearm under the provisions of RCW 9.41.040 or 9.41.045, or is prohibited from possessing a firearm under federal law;
    (b) The applicant's concealed pistol license is in a revoked status;
    (c) He or she is under twenty-one years of age;
    (d) He or she is subject to a court order or injunction regarding firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590;
    (e) He or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a felony offense;
    (f) He or she has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or
    (g) He or she has been ordered to forfeit a firearm under RCW 9.41.098(1)(e) within one year before filing an application to carry a pistol concealed on his or her person.
    No person convicted of a felony may have his or her right to possess firearms restored or his or her privilege to carry a concealed pistol restored, unless the person has been granted relief from disabilities by the attorney general under 18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.
     
  7. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    He's in Oregon but I think they are pretty close.But if it was any violent crime,diversion or not,they will take a longer look at it.
    Plus dude you're 8 years out.If y'all kept your nose clean for 8 years I believe you would be sitting pretty good either way
     
  8. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Assuming you only had ONE DUI conviction (and no more than 3 DUI convictions) in a 10 year period that would make your situation a misdemenor (at worst) under ORS 813.010(4)(5a)

    Then assuming you have had no (further/other) misdemeanor convictions AT LEAST four years prior to your CHL application (you are at seven years), you are eligible to obtain an OR CHL under ORS 166.291(1)(h)


    Hope that helps clear things up. ;)
     
    mjbskwim likes this.
  9. Gotmyrights

    Gotmyrights Hillsboro Member

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    It does. I don't have any DUI convictions. Just the diversion for DUI. I'm sure it's the same as you said though. Thank you very much!
     
  10. FortRock

    FortRock Bend/Salem, OR Bronze Supporter Bronze Supporter

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    I am not an atty.....however, if you successfully completed your diversion, and that was the only arrest/conviction that you have, your LEDS record is going to show "DIVR" and not "CONV". I suspect you will be eligible for an Oregon chl pursuant to the above cited statute. If you have purchased a firearm through a source that required a background check and you were not denied at the counter, I suspect you will be successful. Please don't drink and drive. Good luck.
     
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  11. NoFlinch

    NoFlinch In a van down by the river Owner of Cocaine addicted dog.

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    I don't think that will negatively affect your ability to get your CCW.

    Your looks might...........

    :):):):):):):):D:D:D:D:D:D:):):):):):):D:D:D:D:D:D
     
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  12. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    LOL.... You should change your screen name to "NoSphincter". :p
     
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  13. Gotmyrights

    Gotmyrights Hillsboro Member

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    Dang, ask a simple question and look how it spins off. LOL.
     
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  14. oknow

    oknow amboy wa. Well-Known Member

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    Yea
    Ain't it great how that works. It keeps this place lively. :D
     
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  15. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Hey, we took care of business concerning the OP.... what the problem is? o_O:D
     
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  16. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    Yeah, that's kind of the way it goes around here much of the time. I just learned to roll with it. I opened a thread the other day, some folks took it off the rails and the mods shut it down. Oh well, it happens ;)
     
  17. FortRock

    FortRock Bend/Salem, OR Bronze Supporter Bronze Supporter

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    On here if nobody gives a s*** nobody flicks ya' any....LOL! let us know the outcome on the CHL...
    :s0013:
     
  18. chariot13

    chariot13 Near Eugene/Springfield Well-Known Member

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    Like someone else has already stated, unless its your 3rd DUI after the one you used diversion on, its still a misdemeanor and as long as its been at least 4 years since your previous misdemeanor DUI, you will likely be issued a chl.
     
  19. 308

    308 ΜOΛΩΝ ΛΑΒΕ ΜOΛΩΝ ΛΑΒΕ Platinum Supporter Silver Supporter

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    I am close to someone who got a DUI in 2009 and got her CWP in 2014. Approved in MultCo.
     
  20. NoFlinch

    NoFlinch In a van down by the river Owner of Cocaine addicted dog.

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    Is that like "John Kitzhaber" close??????????????????
    Is that like "John Kitzhaber" close???????????????????????o_O:cool:;)