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felon and firearms?

Discussion in 'Legal & Political Archive' started by aj82, Jul 27, 2011.

  1. aj82

    aj82 graham Member

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    so, here is the situation. my parents are needing help so i offered to have them move in with my wife and i. but i realized earlier today my old man is a convicted felon and i own quite a few firearms. so, my question is: would his felony status cause any legal issues with him living in a home that has firearms? and who might i contact to be sure? (assuming none of the members here know for sure). thanx
     
  2. Father of four

    Father of four Portland, Oregon Well-Known Member

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    He will get into trouble if he lives in a place with firearms. I disagree with that, but I believe it to be the case. Others here will show you the laws that say so I am sure.

    Ask a lawyer, DA or LEO in your State.
     
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  3. Father of four

    Father of four Portland, Oregon Well-Known Member

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    There may be a way if the convicted felon can't have access to the firearms. I am not sure though.
     
  4. aj82

    aj82 graham Member

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    well that is what i also believed. also, his conviction was.. i want to say 12 or 13 years ago. if im not mistaken i thought there was a way to get him greenlighted to be around firearms again. ultimately i am trying to get them with me permanantly as they are both disabled and well broke. hoping to take care of them as well as my youngest brother.
     
  5. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Good luck aj82!
     
  6. aj82

    aj82 graham Member

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    thank you : )
     
  7. joeroket

    joeroket Everett,Wa. Active Member

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    In order for him or you to get in to trouble he would have to have the knowledge of the firearms and the ability to access them. If they were kept in a locked safe and only you had the key/combination then your "old man" would not have physical or constructive possession of them. Having neither type of possession would keep him and you from meeting the elements of felon in possession, for him, or supplying a felon with a firearm, for you.

    Get a safe and keep it locked and keep the key/combo away from him.

    IANAL but my post is based off case laws dealing with possession.

    You could also get in touch with a firearms attorney and petition the courts to re-instate his firearm rights.
     
  8. aj82

    aj82 graham Member

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    @ joeroket, than you very much. that is exactly the information i needed.
     
  9. Kimber Custom

    Kimber Custom Vancouver, WA Bronze Vendor Bronze Vendor

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    Here's the law that goes with joroket's statement: 166.270 Possession of weapons by certain felons. (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm commits the crime of felon in possession of a firearm.

    (2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in ORS 165.540, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.

    (3) For the purposes of this section, a person “has been convicted of a felony” if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if:

    (a) The court declared the conviction to be a misdemeanor at the time of judgment; or

    (b) The offense was possession of marijuana and the conviction was prior to January 1, 1972.

    (4) Subsection (1) of this section does not apply to any person who has been:

    (a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or

    (b) Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction.

    (5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003 c.14 §64; 2009 c.189 §1; 2009 c.499 §3]
     
  10. Sasquatchvnv

    Sasquatchvnv Port Orchard Active Member

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    Lock em up and make sure he has no access to the key - he lost his 2A rights - you don't have to surrnder yours. You may also want to look into having his rights restored legally - then everybody wins.
     
  11. elsullo

    elsullo Portland Oregon New Member

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    You don't even need a lawyer to get a criminal record expunged, though felonies will be harder. Go to a large "downtown" stationary store that sells legal forms and buy an expungement form for a few dollars. It does not even need to be typed! Fill it out with the details of the arrest and conviction, everything you can find like case numbers and Judges names, and file it with the fee at the County Court Clerk's office. In a month or so you will get an answer by mail from the Courts. It might be worth it to hire a paralegal to do it in case they need to search out lost information like case numbers, but you can still save money without an attorney...................elsullo
     
  12. Jerry

    Jerry Vancouver, WA Well-Known Member

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    My nephew has a felony conviction and is currently living with his dad, my brother. The judge told him upon conviction, about a month ago, that being in the same house as his dad who has firearms was not a problem as long as he did not have access to them. A bedside gun was not a problem as long as the nephew could not gain access to it. The other guns are locked in a safe and the judge had no issue with that situation.

    That's my only experience with this type of situation and I am not giving you advice. Just what the family has experienced.

    Jerry
     
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  13. SheepDog223

    SheepDog223 Salem Well-Known Member

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    It's too bad that once a guy has "paid his debt to society" that he continues to pay the interest for the rest of his life.
     
  14. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    ask your average teenager what the Bill of Rights is.
     
  15. 38snubby

    38snubby Seattle New Member

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  16. Burt Gummer

    Burt Gummer Portland Completely Out of Ammo

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    We live in a land of stupid, unnecessary, tyrannical laws. Some felonies are laughable. So I have mixed feelings about a felon losing his 2a rights for life. Felonies that cause direct harm to other people's lifes or property, yes.

    Of course, anyone convicted of using a firearm while committing a robbery, a murderer, a rapist, etc. Sorry, you are done. Buy a bow and arrow like Bo and Luke.

    It is far too easy to be a felon with our unfair and ridiculous legal system. In NYC, up to a felony charge can be levied for promoting the use of, or owning more than six dildos (sex toys). ...
     
  17. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    i cannot abide stripping a free man of his Constitutional rights. none of them. imprisonment is how you do that- and if somebody's too dangerous to own a gun, he needs to be kept in prison- 'cause anybody who can walk the streets can hold a gun in his hand. but if you let a man go, by DEFAULT his rights ARE restored- he needs not anybody's permission to exercise the rights the ancients died to ensure him, that God ordained to him.

    that's the law. our opinions of whether or not some people should own guns are utterly unimportant next to that.
     
  18. Burt Gummer

    Burt Gummer Portland Completely Out of Ammo

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    That is a valid argument Bkb0000. Worth some consideration for sure.
     
  19. 38snubby

    38snubby Seattle New Member

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    This!
     
  20. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    Well..a relative had a felony conviction expunged in CALIFORNIA,of all places,and can now own firearms in that state
    I would believe it should be easier in WA or OR

    These were non violent crimes