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Felony Question

Discussion in 'Legal & Political Archive' started by concealedhunter, Oct 26, 2014.

  1. concealedhunter

    concealedhunter Tualitan Valley Member

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    I have a question that perhaps someone can help me with. A relative of mine is interested in getting her concealed license and a handgun, but she is married to a felon. We have been trying to figure out the legality of her having a firearm in the house because they live together. It is my interpretation at the moment that as long as she is in possession at all times or it is locked away where he does not have access to it, such as in a biometric safe, she should be in the clear.
    I have posed this to a lawyer but it is apparently something that is relatively dependent on precedent so I am looking for any help. Thanks!
     
  2. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    It's not so much about her being in the clear, as it is her husband getting into the soup.
     
  3. concealedhunter

    concealedhunter Tualitan Valley Member

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    So perhaps the question should be if there is an accepted protocol she can follow that would adequately demonstrate to a judge that he is never in possession of the firearm. If the handgun is either on her person or locked in a safe with a biometric lock at all times, I would imagine that demonstrates her sole possession, but I am just looking for anything that would support or detract from that idea.
     
  4. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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    My personal feeling is no matter how legal it might be its a risk. There is a lot of gray area and discretion on why someone might get charged. Honestly the first thing I would try is establish if the husband can get his firearms rights back. That would solve all the issues. Not sure if there is provisions for restoration of rights in Oregon. In Washington is a simple matter. I think its if you have kept out of trouble for 5 years they will restore your right to posses a firearm. All you have to do is ask (via the court) ( I am pretty sure, Maybe one of our legal guru's will step up with a real answer)
     
  5. concealedhunter

    concealedhunter Tualitan Valley Member

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    I will ask him to look into that. They just moved here from Colorado where I believe he got his felony around ten years ago for pot possession. He has been clean ever since as far as I know so I can have him look into that. Thanks for the advice. I hadn't thought of that.
     
  6. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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    he will have to go back to the court where he got the charge but it would be worth the effort
     
  7. strick

    strick McMinnville Oregon Member

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    I know Oregon you can get your right restored, actually, You might not even have to pay for it. I read about it in the Oregonian, It is federally funded. I know that it was part of the deal to make the states report more into nics I believe.
     
  8. concealedhunter

    concealedhunter Tualitan Valley Member

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    Sweet! Thanks everyone!
     
  9. FortRock

    FortRock Bend/Salem, OR Bronze Supporter Bronze Supporter

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    Have him talk to an attorney in Colo about an expungment and restoration.
     
  10. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

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    Colorado

    All firearms privileges for felony, restored by pardon.

    "Eligibility
    In order to even be recommended for a pardon by the Executive Clemency Advisory Board, you must have completed your sentence and demonstrate that you have fully been rehabilitated and re-integrated into society.[4] Additionally, generally 10 years must have passed since you completed your sentence.[3]
    That means that you are not eligible for a pardon if you are currently incarcerated or are serving a life sentence. In such cases, you should apply for a commutation (shortening of your sentence) instead. Commutation is simply another form of clemency; the procedure for applying is essentially the same as a pardon.
    The Governor can only grant a pardon for a Colorado State conviction.[3] If you want a pardon on a federal conviction, you must do that through the United States Department of Justice, Office of the Pardon Attorney (see our page on this site on federal pardons). If you want to pardon for an out-of-state conviction, you should find the appropriate page on this site dealing with pardons in that particular state.
    The rule of thumb is if you are unsure whether you are eligible to apply for a pardon, you should go ahead and apply. There is no harm in doing so.
    As in most states, a pardon (and other types of clemency) in Colorado is a privilege, not a right. It is an act of grace that the Governor can bestow at his discretion. Neither the Governor nor the Board is under any obligation to consider your application for clemency.[5]

    The Application Process
    There are no fees to apply for a pardon in Colorado. Unfortunately, at the time of this writing the Governor’s office has not made its clemency/pardon application materials available for you to access on the Internet. In order to apply, you should contact the Governor’s office directly at 303-866-2471 to have an application sent to you. You can also write to:
    Mark Noel
    Executive Chambers
    136 State Capitol
    Denver, CO 80203-1792
    If you are currently incarcerated and would like a commutation, you should contact your Case Manager to obtain an application on your behalf.
    You will need to submit some or all of the following along with your application[7]:
    • A personal letter to the Governor (as of this writing, Governor Bill Ritter) stating the reasons why you need a pardon or commutation.
    • If you are currently incarcerated, a recent (within the last 90 days) Performance Review Summary (PRS).
    • An Admission Data Summary (ADS) and Diagnostic Summary.
    • Psychological and/or Psychiatric reports.
    • Reports of disciplinary actions and sanctions, if any.
    • The most recent time computation.
    • Your current FBI record of arrest.
    • Detainers, notification requests, and other important communications by law enforcement.
    • A pre-sentence investigation and/or offense report.
    • Reports of your adjustment to community placement, if any.
    • If medical/mental health problems exist, a current report that contains the diagnosis, prognosis, and recommendations.
    • Any other information (documents, exhibits, etc.) that you would like the Governor to consider along with your application.
    "
     
    FortRock and concealedhunter like this.
  11. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    No violent crimes? Only pot?
    I know of a guy in CA that got his back after a theft felon,so I'm guessing only pot shouldn't be a biggy in a state,well both states,that it is legal now
     
  12. spectra

    spectra The Couve Moderator Staff Member Bronze Supporter

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    If it was in Col for pot well they are pot friendly now so maybe he has a good chance of getting it handled. Good luck and please let us know how it works out.
     
    IronMonster likes this.