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Well you all have interesting views on the subject, but I just went through this, and I LOST! In 2008 I had a DUII , I took a prescribed Vicodin at 3:00AM went back to bed, got up at seven thirty and drove to work. OSP pulled me over just about a mile from my place of employment. I was booked drilled and grilled by their DRE Drug Recognition Expert ( What an bubblegum Hat), he could not prove or disprove I was under the influence of anything, but made the recommendation to the Watch Commander to file DUII Driving Under the Influence of Intoxicants, a difference between DUI and DUII. DUI is Alcohol related which by the was if you get busted for that go through Diversion, and it is a once in a life time event, you keep your nose clean you get you CHL. I went to court plead guilty as recommended by my lawyer and the circuit court Judge, who offered me diversion in trade for pleading guilty. I had to complete the one year drug and alcohol rehab classes at my own expense $76.00 a night five nights a week, do a Victim's Impact Panel where you get to sit in front of people so badly mangled by a drug or wasted driver they have blow into a straw to move their wheelchair, they tell you about what was taken from them. Turns out the Nurse that ran the presentation was a friend of mine at work, and there I was front and center, ashamed you could say so.
I completed my course and the DA recommend to the 3rd Judicial Circuit Court in Marion County that my citation be dismissed, the Judge agreed and made it so. Roll forward 8 years to today, I have had three speeding tickets in that 8 years and that's it, I haven't broken one law, in fact I have assisted the cops more than once in apprehending drug dealers, B&E artists, an Arsonist, you get the picture Mr. Neighborhood watch. I am as clean as a new born baby. So I find out that my complex has Mexican Mafia moving in, and we have a cartel member that drops of items on a regular basis. I have managed to get a few of them locked up, but I have been made aware that I may wake up dead. SO I am totally disabled now on SSD, and I cant fight like I used to 30 years ago, My knees are shot and I have degenerative arthritis in my spine, and both arms. So I decided to take the safety class which I have more background military training than the instructor, but I paid my $80.00 and took the course, downloaded the application and right off the bat I see that the application on page two box number six is maybe going to drive a stake through my heart.
It says:
Except as provided in ORS 166.291(1)(L), I have NOT been convicted of an offense involving controlled substances or completed a court supervised drug diversion program. Note: ORS 166.291(1)(L) provides that its terms do not apply to you: if you have been convicted only once of a marijuana possession offense constituting a misdemeanor or violation under the law of the jurisdiction of the offense; or if you have 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; but not both. If you have been convicted of a marijuana possession offense constituting a misdemeanor or violation, or participated in a drug diversion program for such a charge, and this is the only controlled substance conviction or diversion, then initialing this box would not be unlawful. If you have another controlled substance conviction or have participated in another supervised drug diversion program, then initialing this box would be unlawful.
Well I knew my record showed a DUII which by the way a DUI and a DUII can no longer be expunged or "Set Aside" They stay forever. But I new it was dismissed. So then I thought well how would that related to the Diversion? I read the following sentence:
"If you have been convicted of a marijuana possession offense constituting a misdemeanor or violation, or participated in a drug diversion program for such a charge, and this is the only controlled substance conviction or diversion, then initialing this box would not be unlawful."
With the emphasis on this part of the last piece: or participated in a drug diversion program for such a charge, and this is the only controlled substance conviction or diversion,"
SO I called the Marion County Sheriffs Office and explained my dilemma and actually read the ORS 166.291 Section (L)(a) (b), which should clear me I thought, they agreed. So I finished the application and went to make an appointment to turn in my append pay my $65.00 get printed, have my photo taken, and wait. But that question kept nagging at me, so I called again and asked to speak to the CHL division, a sworn officer if possible. I got a clerk that pushed the paperwork, turns out Marion County lets ordinary people like you and I have BPST numbers which allow them to log in to every criminal database known to man and enter your information, once there it stays there even if you didn't do anything. I have worked for three other law enforcement agencies and held a top secret security clearance, I know the proper protocol, letting civilians reach into my history or create new history is not right, but I digress.
So I read the statutes all of them , there are actually several you have to make it through to be cleared for the one above or below and be considered able to apply. She told me no problem you are good to go. So I made my appointment, I went in we went over the application, I was interviewed by one of the CHL staff, and so I asked again is this a problem, nope you have interpreted the statutes correctly. So I was told I should have my CHL (Concealed Handgun License) in two weeks but it could take up to 45 days. At 30 days and not a peep for the SO, I called to see what the status was? I was informed that it had not been touched, I turned it in on Nov. 20th and its now 30 days later, you said and I read a statute that the Sherriff has to make a decision in 45 days or less or I get a Judicial Review? She says oh don't worry call NAME LEFT BLANK AS Legal action is pending, tomorrow, I say ok, and I do this person is at lunch call back at 1:30 I do, she says oh I am almost finished I am just waiting for the OSP arrest report for your DUII, can you tell me about it, I may be able to clear you now and send your license tomorrow, what the heck I have memorized it all by now so I get to the point f telling her it was for Vicodin and she goes into orbit, You lied on your application, yo are a liar and I am killing this license right now and going to the sheriff to see about a bench warrant for your arrest for lying on the application, have a good day....dial tone. WOW!! I sat back and went over everything that just happened... what the hell was that? So I fire off an E-Mail to complain about the whole thing and the ranting and raving woman to the Staff Commander, who E-mail's me back it is being investigated and she or the supervisor would call back, which I did get a call from the supervisor who told me he was sorry on behalf of the Marion County SO, but I would be denied because I had a diversion. I tell him I spoke to your people four times and was told go for it, he says well I feel really bad but if you don't appeal this I'll send you a refund for half your application fee, I was so pissed I said whatever and hung up. Low and behold about three days latter 55 days from the day this mess all started I got a letter form the Sheriff; Long story short the sheriff denys my CHL telling me because I was convicted for DUII Vicodin. Now the Vicodin was not in any of the court documents it just stated a schedule II narcotic ... so I knew who told him that, and what the hell was wrong with him, I have the entire court case on file and digitalized it clearly says DISSMISSED CITATION NO CONVICTION! SO I think about it and research it more I tried to get an appointment with a Representative from my district no dice, SO I call the Law Library and they send me what I feel is the golden key. So I go through creating a Petition to ask the 3rd Judicial Circuit Court Pro-se (Representing myself) to review the case, and take it in and pay$252.00 to file it. I get a court date and go. The County Counsel which is a set of attorneys that every county in Oregon has to clean up messes made by management shows up, and he has a woman with him I don't know. We sit down at the bench I am pulling my 180 page petition and he turns to me and drops 20 pounds of paper work on me and say sorry I didn't get this done until last night, I will be entering these into evidence against you. I say what the hell is wrong with you, I have about 4 minutes before the judge walks through that door and you are just now dropping this on me? Yep sorry. Turns out the woman is little miss can't be wrong, the ranting raving wild woman. He lays out the whole thing he says he the diversion is the reason and I interpreted the statues incorrectly and I am at fault. He submits his pounds of crap which as it turns out was a cobbled together mess of my petition and some docs from my DUII case, and a hand written check list which is a joke that Marion County uses to determine if you get a license or not. When its my turn I want to beat him over the head with his paper work, but years of answering to commanders managers and general idiots that knew much less about my job then I did told me to refrain from a court room brawl. I made my case explaining in great detail how I came to the conclusion I did on the statutes and the fact I was told several times by MCSO Staff that I was right, and the main fault was the Sherriff was to stupid to spell out that it was the diversion he listed a conviction for DUII, so how was I wrong? If I can not trust the Sheriffs office to give me vital legal advice, and I can not talk to a legislator, and I can not afford an attorney as I am on a fixed income, just how is I am wrong and County Counsel is wright your honor. I asked his forgiveness for my abrupt attitude, I explained I am very upset at being told one thing all along and only after you have half of my rent and all of my grocery money you tell me I am wrong. He explained that he initially was going to allow me the license but that when counsel delivered his case the morning of the hearing he felt that he needed to look at the statues closer, and he said if it were a Marijuana case, I would be right but since it wasn't I could not use the reference. I asked him, can you tell me where the statue about being exempt for diversion for Vicodin is? He smiled and said your persistent, no there isn't one. SO I am being Button hold for a diversion I did to keep my house, my family feed keep my job, and all of the things a good husband and father would do, I am not allowed to concealed a weapon to protect myself ever again in Oregon is that hat you are saying? He explained that if he could he would allow me the CHL but the law as it is jut does not have an allowance. HE applauded me for my diligence and said I did the best job of preparing for this he has ever seen it just does not match with the current law.
So check with an attorney before you do anything else.
I did check with my attorney. In order to get a concealed carry, you need to first have your gun rights restored. You missed that step.That would restore all your gun rights.
