Oregon New federal prohibitors (oregon)

[Eddy_8556]

Has anyone else experienced the new federal prohibitors for Oregonian as of Febuary.
I had a felony conviction set aside in December on 21, allowing me to purchase a firearm. I also a current CCL member in oregon and 35 other states.

Just found out today, I no longer am able to purchase in oregon. Please can anyone make scenc of this for me.

Greatly appreciated

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[Kruel J]

You need a lawyer who specializes in firearm law.

 

[Alexx1401]

Has anyone else experienced the new federal prohibitors for Oregonian as of Febuary.
I had a felony conviction set aside in December on 21, allowing me to purchase a firearm. I also a current CCL member in oregon and 35 other states.

Just found out today, I no longer am able to purchase in oregon. Please can anyone make scenc of this for me.

Greatly appreciated

Ditto lawyer. Sadly NOTHING you are told here is going to matter other than find a lawyer who works with this kind of case. Sucks big time but, only one way to "fix" this. I do hope you can get it ironed out without having to break the bank. Sadly the state will allow the criminal scum to run around with guns and ignore them while they tell you no. Gov at its best

 

[Alpha Kilo MFG]

Restoring Gun & Hunting Rights | Oregon Gun Law

The best Gun Lawyers in the State of Oregon. Restoring the Right to Purchase and Possess Firearms anywhere in Oregon. Clearing criminal records. Helping you hunt and lawfully protect yourself again.

www.oregongunlaw.com

 

[Eddy_8556]

Thank you for the supportive words and info

 

[arakboss]

Has anyone else experienced the new federal prohibitors for Oregonian as of Febuary.
I had a felony conviction set aside in December on 21, allowing me to purchase a firearm. I also a current CCL member in oregon and 35 other states.

Just found out today, I no longer am able to purchase in oregon. Please can anyone make scenc of this for me.

Greatly appreciated

"Just found out today, I no longer am able to purchase in oregon. Please can anyone make scenc of this for me."

Where or how did you find this out?

 

[Eddy_8556]

"Just found out today, I no longer am able to purchase in oregon. Please can anyone make scenc of this for me."

Where or how did you find this out?

I attempted to purchase at my preferred dealer. Was set aside in line from OSP then denied. Took some calls. Was Called back and informed of federal law as of feduary 2024. Feds no longer except set asides on felony conviction. I had the lowest class, possible- class C attempted poss. From a charge when I was 18.

 

[arakboss]

I attempted to purchase at my preferred dealer. Was set aside in line from OSP then denied. Took some calls. Was Called back and informed of federal law as of feduary 2024. Feds no longer except set asides on felony conviction. I had the lowest class, possible- class C attempted poss. From a charge when I was 18.

Interesting that must be related to the new rule that is suppose to become effective in June. I didn't realize it was already impacting BG check applicants.

Thanks for sharing that info and good luck with getting that fixed.

 

[Yarome]

What is this now? A change in feeb law nationwide or just in Oregon where BGC's are run through OSP?

So I understand. Set-aside convictions and sealed records... as if the arrest and conviction never occurred... are now unsealed and reversed so the conviction still stands?

For all purposes or is that only for State run BCG's?

Does anyone have a link or statute number for the new law?

 

[ktgee]

NICS Enhanced Background Checks for Under-21 Gun Buyers Showing Results | Federal Bureau of Investigation

A 2022 law requires the FBI's National Instant Criminal Background Check System analysts to go beyond the routine when requests are for prospective gun buyers under 21.

www.fbi.gov

I think this federal new law has something to do with this issue.

 

[Yarome]

NICS Enhanced Background Checks for Under-21 Gun Buyers Showing Results | Federal Bureau of Investigation

A 2022 law requires the FBI's National Instant Criminal Background Check System analysts to go beyond the routine when requests are for prospective gun buyers under 21.

www.fbi.gov

I think this federal new law has something to do with this issue.

I wondered about that, but the impression I got from the OP was that he was over 21 and shouldn't impact him(?)

It kinda sounds more like a new OSP policy change, but I could be wrong on both counts.

 

[homeuser6]

court ordered relief from disability should fix that.

 

[crstrode]

Here is a direct quote from ATF form 4473.

"Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?"

answering "yes" is prohibitive to being a firearm transferee.

Once a felon, always a felon.

 

[Yarome]

Here is a direct quote from ATF form 4473.

"Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?"

answering "yes" is prohibitive to being a firearm transferee.

Once a felon, always a felon.

Except when your conviction has been put-aside or expunged. In that case it's as if your arrest and conviction never happened and you can truthfully answer "No" to any such question. Be it a 4473, employment application or otherwise.

What the OP appears to be saying though is that is no longer the case as of February 2024.

Here is the text of the standard court order form when a record is set-aside in Oregon:

"NOW THEREFORE IT IS HEREBY ORDERED that the record of conviction maintained by any law enforcement agency regarding the Plaintiff, date of birth: ___________, and the conviction for __________ be, and the same is hereby set aside and the Plaintiff herein is deemed not ot have previously been convicted of said crime; and

IT IS FURTHER ORDERED that the record of arrest maintained by any law enforcement agency regarding the Defendant of the criminal episode contained herein be, and the same is hereby set aside and the Defendant herein is deemed not to have previously been arrested for said crime; and

IT IS FURTHER ORDERED that the Clerk of the Court shall forward a certified copy of this Order to all appropriate criminal justice agencies.

IT IS FINALLY ORDERED that thereafter the record of conviction and arrest herein shall be sealed together with other official Court records in this case, including investigation reports of the involved law enforcement agencies concerning the criminal episode."

Attached to the order is also an FAQ sheet. In part: (clickin to enbiggin)

 

[Knobgoblin]

American is "pay to play" , well, for citizens at least.
Pay lawyer to fix this, it's just what you do now. ( unfortunately)

 

[Savage Jav]

Has anyone else experienced the new federal prohibitors for Oregonian as of Febuary.
I had a felony conviction set aside in December on 21, allowing me to purchase a firearm. I also a current CCL member in oregon and 35 other states.

Just found out today, I no longer am able to purchase in oregon. Please can anyone make scenc of this for me.

Greatly appreciated

You are not the only one, had a case come in today with this exact same complaint.

 

[gmerkt]

Has anyone else experienced the new federal prohibitors for Oregonian as of Febuary.
I had a felony conviction set aside in December on 21, allowing me to purchase a firearm. I also a current CCL member in oregon and 35 other states.

Just found out today, I no longer am able to purchase in oregon. Please can anyone make scenc of this for me.

Eddy -- When did you get the juvenile conviction?

How old were you when your purchase was denied?

Depending on your age, you may have fallen into that category of 18-21 year olds subject to deeper scrutiny.

Which seems to be new stuff and was delayed in implementation. Just reading the summary of the new law linked above, doesn't it seem discriminatory to dig deeper into the past for an 18-21 year old? Meaning, think how many applications over 21 that have had similar issues but they don't get the same scrutiny. I don't know how NICS was set up initially; did the FBI have a mandate that limited areas of investigation? With this 18-21 year old thing, it seems like a clerk in WV decides the matter.

 

[Yarome]

Just reading the summary of the new law linked above, doesn't it seem discriminatory to dig deeper into the past for an 18-21 year old? Meaning, think how many applications over 21 that have had similar issues but they don't get the same scrutiny. I don't know how NICS was set up initially; did the FBI have a mandate that limited areas of investigation? With this 18-21 year old thing, it seems like a clerk in WV decides the matter.

It is. I think the rationale is that for an 18-21yr old, any "mistakes" are likely still quite recent and they are still at a lower level of maturity. Theoretically, more prone to impulsive behavior and to repeat past mistakes.

On the flip side, an older person is more distant from the indiscretions of their youth and have a deeper level of maturity. Ergo, less prone to repeat the errors of their past.

I really don't give a flip about rationales for infringements though. Either an 18yr old is an adult and entitled to the same rights and privilege's as every other American citizen or they aren't. If they can enter into legal contracts, kill and die at their countries whim, vote... and all the rest... then they have the absolute right to equal protection under the 2A.

The whole separate classes of rights thing is pure BS. (Just like LE should be subject to the same restrictions place on every other citizen.)

 

[Oregon Rob]

You need a lawyer who specializes in firearm law.

What do you mean you need? Are you suggesting I should slap down a retainer? if and when I need a lawyer, I will hire them. I don't buy into all the ads on YouTube. I also don't believe that prepaid legal ever works out very well for anyone. I use my right remain silent and find the correct lawyer on Monday.

 

[Alexx1401]

What do you mean you need? Are you suggesting I should slap down a retainer? if and when I need a lawyer, I will hire them. I don't buy into all the ads on YouTube. I also don't believe that prepaid legal ever works out very well for anyone. I use my right remain silent and find the correct lawyer on Monday.

No you do not "need" one. You can just go online and complain that they will not let you buy a gun anymore and for FREE you will feel better. Still will not be able to buy a gun but look how much money you saved and you feel much better now, right?