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Law question, old felony

Discussion in 'Legal & Political Archive' started by Rik, Jan 9, 2013.

  1. Rik

    Rik Beaverton Member

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    I guy at work that knows I'm 'firearm friendly' asked me today if his old felony DUI would stop him from legally owning a firearm. The DUI is around 20 yrs old. I told him I thought he was S.O.L., but does anyone here know anything specific? Statute that I can direct him too... etc. :confused:
    Thanks, Rich
     
  2. HuckFin

    HuckFin mt rainier Active Member

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    Driving under the influence is a felony?
     
  3. HuckFin

    HuckFin mt rainier Active Member

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    Ok.. thanks for the answer. Makes a little more sense to me now.
     
  4. Boomerang

    Boomerang Portland area Active Member

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    His one possible option to research would be if his felony DUII would only be a misdemeanor had it happened today. If that is true, he can get a lawyer and possibly get it changed to a misdemeanor. That's the only option, since traffic related offenses cannot be expunged.
     
  5. gunnails

    gunnails Hillsboro Active Member

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    I gout a DUII about 9 years ago, did the diversion thing, cost me a little over $5,000 by the time I was all done.

    I didn't loose my right to possess firearms, and I am now CWP eligible. But I did learn a lesson, don't drink and drive even if it's only driving home 2 blocks from your buddies house.
     
  6. cstmp8r

    cstmp8r vancouver Member

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    An old coworker had one dui and it was a felony being someone died in the accident. So it is possible to only have one duii and have it be a felony.
     
  7. American

    American Portland, Oregon New Member

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    It is possible to get firearm rights restored with a felony as I have done this. I have got a Oregon CHL, and a Washington CHL with a felony still on my record. Here is the thread where I sort of explain the process.http://www.northwestfirearms.com/legal-political/47687-oregon-cwp.html Also here is a link to the Oregon statute for more info. ORS 166.274 - Relief from prohibition against possessing or purchasing firearm - 2011 Oregon Revised Statutes I did use a lawyer for the restoration of my rights, but it can be done without one. The petition, and collecting all the info on what I was doing for the previous 10 years took longer than the 15 minute court appearance.
     
  8. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    And, like any other law, people will ignore it and still drive without a license or insurance.
     
  9. Rik

    Rik Beaverton Member

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    Thanks guys! And a follow up...
    His wife has a clean record and he/they are looking for a home defense weapon, not CHL.
    Could his wife buy a gun/rifle/shotgun for the home?
    Would he be a 'felon in possesion', if it was in the home in her name?
    Rich.
     
  10. rsmccsman

    rsmccsman Hillsboro Go Blazers!

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    Best for him to hire an attorney to see if he is eligible to petition the courts to restore his rights. I have seen all kinds of People successfully petition on all kinds of charges. Even people with more than one non driving felony. You never know worth a try.
     
  11. American

    American Portland, Oregon New Member

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    It cost me about $1500 for the attorney to file the paperwork, and basically that is all he did. If I were to do it all over I would just pay the $240 filing fee and it's a 50/50 for 2 reason's. One depends on the circumstances of your conviction; like if you have more than one felony. Second depends on if the judge follows the law or follows their feelings. Either way it's worth it to get a right back.