Law question, old felony

Rik · Jan 9, 2013

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.

Thanks, Rich

HuckFin · Jan 9, 2013

Driving under the influence is a felony?

HuckFin · Jan 9, 2013

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

Boomerang · Jan 9, 2013

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.

gunnails · Jan 9, 2013

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.

cstmp8r · Jan 9, 2013

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.

American · Jan 9, 2013

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.

deen_ad · Jan 9, 2013

Salted Weapon said:
In Oregon a felony DUI conviction will result in a permanent driver's license revocation, meaning you will never driver again.

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

Rik · Jan 10, 2013

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.

rsmccsman · Jan 10, 2013

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.

American · Jan 10, 2013

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.