Oregon Need help understanding law in Oregon

[Mikej]

Thanks

Give these folks a call. I've "heard" that every gun owner should keep one of their cards cards with them at all times.

Criminal Defense, DUI, Gun Rights Attorney | Portland, OR

Experienced criminal and civil litigation attorneys. Call Short Law Group at 503-747-7198 for a free consultation. Offices in Portland and Salem.

www.shortlawgroup.com

 

[Mark W.]

Mikej said exactly what I was going to recommend. There are lawyer who specialize in gun rights and gun rights restoration. They will be able to answer all your questions in an initial interview cause they already know the answers. A lawyer that does not deal with this topic on a daily bases will have to research. And that costs more money.

 

[Stillnotknown]

Give these folks a call. I've "heard" that every gun owner should keep one of their cards cards with them at all times.

Criminal Defense, DUI, Gun Rights Attorney | Portland, OR

Experienced criminal and civil litigation attorneys. Call Short Law Group at 503-747-7198 for a free consultation. Offices in Portland and Salem.

www.shortlawgroup.com

Thank you very much

 

[Stillnotknown]

I hope I'm not discouraging you at all. I hope you decide to go forward and do everything you can to be made whole ... as much as you can be.

People make mistakes and learn from them. God knows I have. I also disagree that there should be any laws of "prohibited persons". If one is not safe to own a gun then why are they walking around in the streets. 2A does have an "except" in it.

Just trying to point out that your best avenue is through a lawyer.

And assuming the info you've provided is true and accurate (no reason not to believe you) then I have confidence you will be rewarded with gun rights being restored.

South Dakota is a constitutional carry state incidentally. So if you have the federal aspect covered then I would expect no difficulties there.

Thanks

 

[billdeserthills]

I basically just want to be able to have a hunting rifle in the truck don't even care about handguns at the moment. I could easily obtain firearms right now I'm just concerned if I was ever stopped I'd be arrested for felon in possession of firearm. I want to do this the right way and legally and be a responsible gun owner.

Are you saying I can go fill out an application to test if I can buy a gun as long as I don't disclose the felony? Can that in itself get me in trouble? I'm very interested

The 4473 form is indeed an application for gun ownership however the form also includes your certification that you are legal to buy & it sounds like you may not be. As far as I know the ATF doesn't actually send agents out to arrest folks who have mistakenly declared they have the right to buy when they do not but you might not wanna become the first

 

[Going Tits Up]

The worst thing you can do is lie on the form, FELONY #2
The second worst thing is a straw purchase (legal friend buys the weapon)
Good advise was given seek and pay a lawyer but ask the fee on the phone.

But really, the difference between an Asian massage hooker and a lawyer?
None, they both make you pay to get in the door.

 

[billdeserthills]

The worst thing you can do is lie on the form, FELONY #2
The second worst thing is a straw purchase (legal friend buys the weapon)
Good advise was given seek and pay a lawyer but ask the fee on the phone.

But really, the difference between an Asian massage hooker and a lawyer?
None, they both make you pay to get in the door.

Anybody who has had their rights restored is forced to lie on the form

 

[Dinglenutz]

But really, the difference between an Asian massage hooker and a lawyer?
None, they both make you pay to get in the door.

I lived in Southeast Asia for a few years and one of my friends told me you're wrong on that one ....

 

[Devneck]

Anybody who has had their rights restored is forced to lie on the form

This is not true. In the Notices, Instructions and Definitions, when it expands on the definition of a prohibited person it clearly instructs the applicant that if they have had rights restored to check "No"

Questions 21.b. - 21.l. Prohibited Persons:
...
EXCEPTION: A person is not prohibited from receiving or possessing a firearm if that person: (1) has been convicted of any Federal or State offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices; (2) has been convicted of a State misdemeanor punishable by imprisonment of two years or less; or (3) following conviction of a felony or other crime for which the judge could have imprisoned the person for more than one year, or a misdemeanor crime of domestic violence, has received a pardon, an expungement or set aside of the conviction, or has lost and regained civil rights (the right to vote, sit on a jury, and hold public office) in the jurisdiction in which the conviction occurred, AND the law of the convicting jurisdiction does not prohibit the person from receiving or possessing firearms. Person subject to any of these exceptions, or who received relief from disabilities under 18 U.S.C. 925(c), should answer "no" to the applicable question.

 

[billdeserthills]

This is not true. In the Notices, Instructions and Definitions, when it expands on the definition of a prohibited person it clearly instructs the applicant that if they have had rights restored to check "No"

As I have 2 priors, saying 'no' would be a lie

 

[billdeserthills]

I thought so, and believe me I won't be attempting to purchase a firearm until I'm legally allowed. My understanding so far is to federally regain rights I must deal with the felony in which it occurred. Oregon doesn't allow for the expungement or downgrade of a class a felony no matter what. So if I can't get rights back I'm screwed I guess?

Can't you still buy black powder guns?

Diablo Break Open, 6 inch barrel, Blued Finish, 12 Gauge Pistol, Black Grips -No FFL Required- | American Gun Craft

americanguncraft.com

 

[ColeInOregon]

Can't you still buy black powder guns?

Diablo Break Open, 6 inch barrel, Blued Finish, 12 Gauge Pistol, Black Grips -No FFL Required- | American Gun Craft

americanguncraft.com

Depends on the state.

 

[2Z4]

Read ORS 166.270 et seq. paying attention to subsection 4 of that statute.

You're asking a question that has two different prongs to it. One is if you'd be committing a crime by possessing a firearm. Your answer to that is in the statute.

Second, you're asking if you can obtain a firearm in a transaction which requires a 4473. The answer to that is "No." Your criminal conviction will show up on a background check, unless you somehow manage to have it expunged.

 

[Stillnotknown]

Read ORS 166.270 et seq. paying attention to subsection 4 of that statute.

You're asking a question that has two different prongs to it. One is if you'd be committing a crime by possessing a firearm. Your answer to that is in the statute.

Second, you're asking if you can obtain a firearm in a transaction which requires a 4473. The answer to that is "No." Your criminal conviction will show up on a background check, unless you somehow manage to have it expunged.

So I just read it again. It sounds like I meet those requirements so subsection 1 does not apply. Does that mean I can own a firearm but cannot get one at the gun store?

 

[2Z4]

So I just read it again. It sounds like I meet those requirements so subsection 1 does not apply. Does that mean I can own a firearm but cannot get one at the gun store?

I believe that's accurate. I worked for a guy a long time ago who was in the same situation, had a burglary conviction at 18, went in the service. Years later he wants to take his kids hunting and thought "Uh oh..." because it never really occurred to him. I'm not sure how he ended up with the hunting rifles he had...

 

[Devneck]

No, as I stated previously ... you need to consult an attorney. According to Oregon state law, then you may be clear but according to 18 U.S. Code 922 (g)(1) then you would still be prohibited at the federal level from possessing unless the jurisdiction that took the right to have firearms has reinstated that right.

In other words, if you get caught with a gun that was gifted to you, then maybe you would not be charged by the state of Oregon, but you very well could be charged with a federal crime.

It appears to me, that what you need to do is utilize ORS 166.274 which provides for the process of what steps you would need to take in order to have your rights restored. This is not for the purpose of making it legal in Oregon, you might already be ... it's too make it legal at the federal level. So then you could buy from a gun store.

Again though, I'm not a lawyer, you should speak to a lawyer. That is just my uneducated reading of the laws.

 

[Stillnotknown]

No, as I stated previously ... you need to consult an attorney. According to Oregon state law, then you may be clear but according to 18 U.S. Code 922 (g)(1) then you would still be prohibited at the federal level from possessing unless the jurisdiction that took the right to have firearms has reinstated that right.

In other words, if you get caught with a gun that was gifted to you, then maybe you would not be charged by the state of Oregon, but you very well could be charged with a federal crime.

It appears to me, that what you need to do is utilize ORS 166.274 which provides for the process of what steps you would need to take in order to have your rights restored. This is not for the purpose of making it legal in Oregon, you might already be ... it's too make it legal at the federal level. So then you could buy from a gun store.

Again though, I'm not a lawyer, you should speak to a lawyer. That is just my uneducated reading of the laws.

It's just a bummer it seems the only way is to receive a government pardon since my felony cannot be reduced or expunged in Oregon per oregon state law

 

[Stillnotknown]

No, as I stated previously ... you need to consult an attorney. According to Oregon state law, then you may be clear but according to 18 U.S. Code 922 (g)(1) then you would still be prohibited at the federal level from possessing unless the jurisdiction that took the right to have firearms has reinstated that right.

In other words, if you get caught with a gun that was gifted to you, then maybe you would not be charged by the state of Oregon, but you very well could be charged with a federal crime.

It appears to me, that what you need to do is utilize ORS 166.274 which provides for the process of what steps you would need to take in order to have your rights restored. This is not for the purpose of making it legal in Oregon, you might already be ... it's too make it legal at the federal level. So then you could buy from a gun store.

Again though, I'm not a lawyer, you should speak to a lawyer. That is just my uneducated reading of the laws.

This is why I'm now looking into muzzleloaders. That's more questions too, though

 

[billdeserthills]

Last time I had my rights restored, the Federal gov't still wouldn't allow me to purchase--I finally applied for another concealed weapon permit & when that came through the Feds no longer mattered (in Arizona)

 

[Devneck]

It's just a bummer it seems the only way is to receive a government pardon since my felony cannot be reduced or expunged in Oregon per oregon state law

Did you read ORS 166.274?

ORS 166.274 – Relief from prohibition against possessing or receiving firearm

Except as provided in subsection (11) of this section, a person barred from possessing or receiving a firearm may file a petition…

www.oregonlaws.org

Did you discuss with a lawyer that specializes in gun rights?

The statute I am pointing you to suggests to me that unless you meet the criteria identified in subsection 11, then you may be available to petition the court for relief. A petition for relief is not a "reduction" and also not an "expungement" and also not a "pardon". It's a petition to the court, where the judge may grant your rights.