Firearms Laws and Questions

[Moobear]

Hey guys! first time poster and looking to get my cwl. I just had a quick (hopefully) couple of questions.

1.) I have been diagnoised with depression, but haven't been institutionalized or anything like that, and I'm currently taking medication. Will this make me fail the background check for mental illness?

2.) I recently was cited (not arrested) for driving while suspended (had to get to work to make money to pay the previous speeding ticket). However, I was never charged to my knowledge (didn't have my day in court with a prosecutor, just went in front of the judge like a regular ticket and was assigned a fine). Does anyone know if this would disqualify me?

Thanks!

 

[krawl]

from the sounds of it neither will, but sheriff's office would be best bet to find out.

 

[TonsOfOregonBrass]

from the sounds of it neither will, but sheriff's office would be best bet to find out.

Agreed, talk to the sheriffs office. You can call the Public safety training center in clackamas and ask to speak to the sheriff who does the background checks.

I had a friend who had to wait 6 months to get his CPL because of a DUII conviction. I cannot remember his name, but if you call the receptionist will know who you need to talk to. but you most likely will have to leave a message and expect a couple days before you hear back.

 

[Warthog]

If you have had handguns posted for sale on this board you have probably been asked this question.

"I am 18 and Oregon law says I can buy a handgun from a private sale, but you say in your thread you must be over 21 years of age."

I have spent the last 30 mins. going through the codes and cant find the correct section, I believe its under 166-470 but couldn't find the entire section in print. Either way I am not changing my policy, but I am curious about the law if someone can find it.

 

[krawl]

Private party in Oregon for handgun is 18+, someone correct me if you think different please. I've had a few chats with Lane Co. Sheriff and came to the came conclusion.

166.250 Unlawful possession of firearms. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:

(a) Carries any firearm concealed upon the person;

(b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or

(c) Possesses a firearm and:

(A) Is under 18 years of age;

(B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

(ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;

(C) Has been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;

(D) Was committed to the Department of Human Services under ORS 426.130; or

(E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness.

(2) This section does not prohibit:

(a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:

(A) Other than a handgun, if the firearm was transferred to the minor by the minor's parent or guardian or by another person with the consent of the minor's parent or guardian; or

(B) Temporarily for hunting, target practice or any other lawful purpose; or

(b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the person's place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the person's place of residence or place of business is required of any such citizen. As used in this subsection, "residence" includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.

(3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

(4) Unlawful possession of a firearm is a Class A misdemeanor. [Amended by 1979 c.779 §4; 1985 c.543 §3; 1989 c.839 §13; 1993 c.732 §1; 1993 c.735 §12; 1999 c.1040 §1; 2001 c.666 §§33,45; 2003 c.614 §8]"

 

[LibertyorDeath]

http://www.handgunlaw.us/documents/USReciprocity.pdf

States that honor OR: AK*, AZ, ID, IN, KY, MI, MO, MT, OK, SD, TN, UT, VT*

Unfortunately the document doesn't mention state statutes for each. I found this: http://www.gunlaws.com/links/index.htm

Personally I'd like to see each state's statute linked so I can verify the info. I looked for AZ and couldn't find one.

Here is another place to look. I would trust the NRA website; however, it still lacks the statues.

<broken link removed>

i think its crazy that OR and WA dont honor each others permits considering the numerous people that commute/live/work between states...

o well guess its time to get that UT permit

I know that Utah permits require a face to face at Utah Bureau of Criminal Identification.

<broken link removed>

Florida Permits don't need to be, they don't cover WA but they do cover most of the same states that Utah does. I have the packet of information from Florida waiting for me to fill out and mail in.

<broken link removed>

This is where you request the forms, they are free.

<broken link removed>

Hey guys! first time poster and looking to get my cwl. I just had a quick (hopefully) couple of questions.

1.) I have been diagnoised with depression, but haven't been institutionalized or anything like that, and I'm currently taking medication. Will this make me fail the background check for mental illness?

2.) I recently was cited (not arrested) for driving while suspended (had to get to work to make money to pay the previous speeding ticket). However, I was never charged to my knowledge (didn't have my day in court with a prosecutor, just went in front of the judge like a regular ticket and was assigned a fine). Does anyone know if this would disqualify me?

Thanks!

WA CPL Requirements.

Here are relevant pieces of information.

You must meet all of the following requirements to get a concealed pistol license:

* Be 21 years of age or older at time of application.
* Be a United States citizen or a permanent resident alien with permanent resident card or "green card."
* Have no pending trial, appeal, or sentencing on a charge that would prohibit you from having a license[/B].
* Have no outstanding warrants for any charge, from any court.
* Have no court order or injunction against possessing a firearm.
* Have no mental health conditions that would prohibit you from having a license.
* Have no felony convictions.
* Have no convictions for any of the following crimes committed by one family member against another on or after July 1, 1993:
o Assault IV
o Coercion
o Stalking
o Reckless Endangerment
o Criminal Trespass in the first degree
o Violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from the residence

WA Law regarding new permits.

 

[Gunner3456]

New question?

We have a thread where a felon is busted because a gal he married has guns - had them before they were married. Since he's living in the home and has access to and therefore control of her guns, he's rightly busted for being a felon in possession.

How about this? I have a CCW and my wife doesn't. She has no interest in getting one.

So, say we are driving in Oregon. I'm at the wheel and she's in the passenger's seat. There's a loaded hand gun in the glove box, right in front of her, concealed. We get stopped and she opens the glove box to retrieve the ins. and registration cards. There's the gun.

Is she in "possession" of a concealed weapon? She certainly has knowledge, access, and "control" of it even though it's mine and I put it there for my use.

What say?

 

[krawl]

Gunner- I don't know the legal/case answer to your question. But my logical answer is bad idea. 1) just leaving it in the glovebox and not telling the officer, bad idea. 2) I think it's def a gray area, and one I would rather not try to talk my way out of.

 

[MarkSBG]

My wife has her CHL. She got one because there have been times when she could have been considered to be "in control" of my firearm. (Yeah, I see the potential for a joke here, but it is unintended...) Getting her permit seemed to be a prudent step for her even if she doesn't carry.

 

[ZachS]

New question?

We have a thread where a felon is busted because a gal he married has guns - had them before they were married. Since he's living in the home and has access to and therefore control of her guns, he's rightly busted for being a felon in possession.

How about this? I have a CCW and my wife doesn't. She has no interest in getting one.

So, say we are driving in Oregon. I'm at the wheel and she's in the passenger's seat. There's a loaded hand gun in the glove box, right in front of her, concealed. We get stopped and she opens the glove box to retrieve the ins. and registration cards. There's the gun.

Is she in "possession" of a concealed weapon? She certainly has knowledge, access, and "control" of it even though it's mine and I put it there for my use.

What say?

I can't find any cases directly on point. Although it's certainly possible that the law could be interpreted this way, I think it's extremely unlikely that a) an Oregon police officer would arrest somebody in a situation like this, b) an Oregon DA would press charges on these facts, or c) an Oregon appellate court wouldn't throw the case out like a moldy brick of Tillamook cheddar.

 

[krawl]

I can't find any cases directly on point. Although it's certainly possible that the law could be interpreted this way, I think it's extremely unlikely that a) an Oregon police officer would arrest somebody in a situation like this, b) an Oregon DA would press charges on these facts, or c) an Oregon appellate court wouldn't throw the case out like a moldy brick of Tillamook cheddar.

I agree with you, but the potential for a huge mess outways the possible potential outcome. At least for me.

 

[TonsOfOregonBrass]

It is going to depend on the officer. But my non law enforcement mind says, you are the driver there for you are in control of the weapon in the glove box. it would be different if it was under her seat. but watching cops enough they usually ask who's this is. think when they find drugs, who is going to take responsibility for it. In that case they are just looking for an easy conviction.

If you let the officer know up front YOU have a gun in the glove box i really really doubt you will have any problems. If you fail to tell them and it is opened and they see it. YOU ARE GOING TO HAVE PROBLEMS. Every cop i have ever met does not like to just see a gun out of the blue.

 

[MarkSBG]

I can't find any cases directly on point. Although it's certainly possible that the law could be interpreted this way, I think it's extremely unlikely that a) an Oregon police officer would arrest somebody in a situation like this, b) an Oregon DA would press charges on these facts, or c) an Oregon appellate court wouldn't throw the case out like a moldy brick of Tillamook cheddar.

I completely disagree. Ya don't throw out Tillamook cheese. Just cut the mold off. Mmmmm...
The rest of your post makes sense though...

 

[ZachS]

I completely disagree. Ya don't throw out Tillamook cheese. Just cut the mold off. Mmmmm...
The rest of your post makes sense though...

Sorry, it's early... I should have gone into more detail. When I wrote that, I was envisaging a years-old block of cheese that's been sitting around through the entire trial and appellate process.

 

[tionico]

two points for Marki.... and two more for Zach's quick recovery..'

the law says the driver of the vehicle is the one in control of EVERYTHING to do with it. Thus, your wife having a dime bag of weed under her seat, with no knowledge of it on your part, is STILL your responsibility. Car gone, life gone, more trouble than Tillamook has cheese.......

so, the same rules would apply to the handgun in the monkeybox. Someone raised a very valid point... upon being stopped, it is YOUR responsibility as the CCW permit holder to inform the officer up front... I have a permit, and I have a gun located ________, what do you want me to do". This removes the element of surprise, puts all the loaded dice on the table for the cop to assess and deal with.


NOW-- you can take this for what its worth (about six bits of flyspeck on your screen). but, whether she is interested in carrying or not, have your wife get HER permit. Imagine, you are visiting in some other town, your permit and your weapon in the monkeybox are all fine and dandy, legal, you're covered, and all that. NOW, suppose you are busy deep into a movie with your friends you are visiting, the gals decide to put something great together for grub, they find YOUR car (WITH handgun yet in the car, loaded) is blocking theirs, and without thinking a thing about it, they hop in, your wife driving....... insert your given scenario, she's fiddling about looking for the papers, the cop sees YOUR gun.... but you're NOT THERE to cover it. NOW-- SHE is a person in unlawful possesstion of a loaded weapon. Don't know if that's a felony in Oregon, but it is in California. She's got a serious rap, since SHE is now under indictment for a serious crime, YOUR guns suddenly are in HER control (you DO live in the same house, I assume.....) which makes her in unlawful possession continually... and with your knowledge and concent, YOUR are an accessory......

GET HER PERMIT. that puts DONE to any such scenario. All it would take is one minor oversight, lack of totally assessing the entire situation, constantly guarding against what seems inevitable, an overzealous cop with delusions of grandeur (and a hard case against citizen ownership of arms.. after all, what did I go to school for?) and the two of you become the protagonists in a Franz Kafka novel you realy DON"T want to read.

imagine any number of scenarios you could be in, leaving HER in control of the vehicle and your gun. Run out of gas, you walk for help, leave her there. Cop stops to enquire, wants papers.... car breaks down. Her car is in the shop, she drives you to work and goes on her way.

no, get her permit, as soon as possible. Help her see the many ways you both can get flushed down the toilet of a legal nightmare. Even if it goes to trial and gets the mouldy cheese treatment... consider the cost..... lawyers, lost time, sweat, lying awake at night fantasizing on three years jail time, lost job and house.... no guns in the house during the whole ordeal, cops came and took them all away. Will they lose them, sell them off, forget some techinical document and you'll never get them back?

Until guns are, once more, as American as apple pie, everyone who is around handguns in particular would be more than wise to simply get the "Mother May I" card and have it with you at all times. A very cheap Get Out of Jail Free card..... and you donn't even have to turn it in to use it.

 

[tionico]

one more aspect of this to consider.. if she is going to be hanging around with you, and you have guns, her taking the two hour class will assure that SHE knows the laws concerning firearms, deadly force, Castle doctrine, etc. Never a bad idea, in this age of hyper-gun phobia. Then, once she has her permit, if the two of you are ever in a situation where you have to go somewhere.. say, injured and they're taking you away in an ambulance..... she can then lawfully (and well informed) take control of your weapon, even if only to bring it back home and lock it up again. Without it, the ambulance crew or the cop may well decide they need to take it "for security".

get her permit. Makes life SO much less stressful, even if she never touches YOUR guns.

 

[Gunner3456]

two points for Marki.... and two more for Zach's quick recovery..'

the law says the driver of the vehicle is the one in control of EVERYTHING to do with it. Thus, your wife having a dime bag of weed under her seat, with no knowledge of it on your part, is STILL your responsibility. Car gone, life gone, more trouble than Tillamook has cheese.......

so, the same rules would apply to the handgun in the monkeybox. Someone raised a very valid point... upon being stopped, it is YOUR responsibility as the CCW permit holder to inform the officer up front... I have a permit, and I have a gun located ________, what do you want me to do". This removes the element of surprise, puts all the loaded dice on the table for the cop to assess and deal with.


NOW-- you can take this for what its worth (about six bits of flyspeck on your screen). but, whether she is interested in carrying or not, have your wife get HER permit. Imagine, you are visiting in some other town, your permit and your weapon in the monkeybox are all fine and dandy, legal, you're covered, and all that. NOW, suppose you are busy deep into a movie with your friends you are visiting, the gals decide to put something great together for grub, they find YOUR car (WITH handgun yet in the car, loaded) is blocking theirs, and without thinking a thing about it, they hop in, your wife driving....... insert your given scenario, she's fiddling about looking for the papers, the cop sees YOUR gun.... but you're NOT THERE to cover it. NOW-- SHE is a person in unlawful possesstion of a loaded weapon. Don't know if that's a felony in Oregon, but it is in California. She's got a serious rap, since SHE is now under indictment for a serious crime, YOUR guns suddenly are in HER control (you DO live in the same house, I assume.....) which makes her in unlawful possession continually... and with your knowledge and concent, YOUR are an accessory......

GET HER PERMIT. that puts DONE to any such scenario. All it would take is one minor oversight, lack of totally assessing the entire situation, constantly guarding against what seems inevitable, an overzealous cop with delusions of grandeur (and a hard case against citizen ownership of arms.. after all, what did I go to school for?) and the two of you become the protagonists in a Franz Kafka novel you realy DON"T want to read.

imagine any number of scenarios you could be in, leaving HER in control of the vehicle and your gun. Run out of gas, you walk for help, leave her there. Cop stops to enquire, wants papers.... car breaks down. Her car is in the shop, she drives you to work and goes on her way.

no, get her permit, as soon as possible. Help her see the many ways you both can get flushed down the toilet of a legal nightmare. Even if it goes to trial and gets the mouldy cheese treatment... consider the cost..... lawyers, lost time, sweat, lying awake at night fantasizing on three years jail time, lost job and house.... no guns in the house during the whole ordeal, cops came and took them all away. Will they lose them, sell them off, forget some techinical document and you'll never get them back?

Until guns are, once more, as American as apple pie, everyone who is around handguns in particular would be more than wise to simply get the "Mother May I" card and have it with you at all times. A very cheap Get Out of Jail Free card..... and you donn't even have to turn it in to use it.

one more aspect of this to consider.. if she is going to be hanging around with you, and you have guns, her taking the two hour class will assure that SHE knows the laws concerning firearms, deadly force, Castle doctrine, etc. Never a bad idea, in this age of hyper-gun phobia. Then, once she has her permit, if the two of you are ever in a situation where you have to go somewhere.. say, injured and they're taking you away in an ambulance..... she can then lawfully (and well informed) take control of your weapon, even if only to bring it back home and lock it up again. Without it, the ambulance crew or the cop may well decide they need to take it "for security".

get her permit. Makes life SO much less stressful, even if she never touches YOUR guns.

You guys go tell YOUR wife to do something she doesn't want to do. I'd rather be busted for a felony.

My question is BECAUSE she won't get a permit, what are MY options?

She is a busy exec, has no desire or willingness and it will be left at that.

Strangely, she grew up on a 4,000 acre wheat/cattle ranch in E. Oregon where there were always guns around including in the racks of the pickups. She learned to shoot. She can drive a grain dump truck or a combine or even a bulldozer. She's a tomboy. (Cute one though. ) She is in favor of me having guns, but doesn't want to handle them herself.

Now, back to our regular programming.

 

[tionico]

fair enough...... but, if she can do (and obviously has done) all those things, just make sure she understands the risk SHE will take in any of the outlined or similar scenarios. If she really is as capable as you say, she's also quite intelligent..... perhaps ignorant (of the law, her risks and yours, etc) but intelligent. Make sure she's got the relevant information in front of her.....and is making an INFORMED decision, not just a kneejerk reaction to media stereotypes. Too much at stake, perticularly as the brady bunch maneouvre to take away what little remains of our Second Ammendment rights and criminalises those of us who desire to exercise that right at will.

 

[Gunner3456]

fair enough...... but, if she can do (and obviously has done) all those things, just make sure she understands the risk SHE will take in any of the outlined or similar scenarios. If she really is as capable as you say, she's also quite intelligent..... perhaps ignorant (of the law, her risks and yours, etc) but intelligent. Make sure she's got the relevant information in front of her.....and is making an INFORMED decision, not just a kneejerk reaction to media stereotypes. Too much at stake, perticularly as the brady bunch maneouvre to take away what little remains of our Second Ammendment rights and criminalises those of us who desire to exercise that right at will.

YOU tell her. I dare you.

We get along well, but she's a high powered exec used to telling other people what to do. She's very nice to me, we get along very well, and she also lets me do what I want, but I also don't tell her what to do. She's declined about six times to get a permit, so it's off the table.

She does have a motorcycle endorsement and rides her own Harley. Does that count?

 

[Trlsmn]

I completely disagree. Ya don't throw out Tillamook cheese. Just cut the mold off. Mmmmm...
The rest of your post makes sense though...

+1, I try to get my kids to understand this but they don't believe me!