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Oregon CWP

Discussion in 'Legal & Political Archive' started by American, Jan 13, 2011.

  1. American

    American Portland, Oregon New Member

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    I have recently had my gun rights restored by a Judge in Multnomah County. I would like to get my concealed weapons permit but I still have the felony on my record. My question to anyone who would know is would the felony still prohibit me from obtaining my CWP?
     
  2. VW_Factor

    VW_Factor Woodburn Oregon Active Member

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    Yes.

    You would have to get that expunged first.. I assume at great costs with a lawyer as well.

    Edit : Congrats btw on getting your rights restored. :)
     
  3. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Yep, it'll still be in the NICS database and you'll be denied until that is cleared. Did you ask the judge for a ruling on that? If not you'll need an attorney and probably have to file in court again. With the courts so backlogged it may take a couple years to go through.

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  4. sweetbeard

    sweetbeard Beavertown OreGUN! New Member

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    screw u criminal

    just keep your gun in the car:paranoid:

    Glad you got your rights back unless it was a violent crime.
     
    bikejunkie and (deleted member) like this.
  5. American

    American Portland, Oregon New Member

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    Thanks for the feedback! It was not a violent crime.
     
  6. CavVet

    CavVet Seattle Member

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    I guess I cheer for freedom so much I dont get this....


    Someone breaks the law, is tried and sentenced and gets out but isnt free? If they are that bad, why let them out?


    Once they pay their due make them whole again. The part of the Constitution that makes people half citizens was repealed. I just do not get it.
     
    chariot13 and (deleted member) like this.
  7. American

    American Portland, Oregon New Member

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    I believe the law needs to distinguish between violent and non-violent crimes. It is screwed that I can shoot, posses, and purchase firearms, but I can't conceal one from the freaks out there that will freak out if open carried.
     
    soberups and (deleted member) like this.
  8. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    +1

    I can vouch for the lethargy of the legal system! I have been waiting over 7 months for a child support adjustment to actually kick in. At least I'm banking $300 a month credit that will be returned to me post dated from the beginning of Jun, 2010 (when the order was dated)... but that's $300/mo. extra I've had to choke out until then.


    BTW, Congrats on your restoration! :thumbup:
     
  9. DMax

    DMax Yamhill Well-Known Member

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    Can you say Repeat Offender????
     
  10. American

    American Portland, Oregon New Member

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    So I took the safety class at Multnomah County and turned in my application. Then about 2 weeks later I got a letter from the sheriff stating I have been denied per O.R.S. 166.291(g) Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony. Problem is that I have only been convicted of one felony. If they would have read the statute that was only 10 lines down: (2) A person who has BEEN GRANTED RELIEF under ORS 166.274 or 166.293 or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C. 925(c) or has had the person’s record expunged under the laws of this state or equivalent laws of other jurisdictions is NOT SUBJECT TO THE DISABILITIES IN SUBSECTION (1)(g) to (L) of this section. So now I have 30 days from when I signed for the letter to appeal. My lawyer told me that they do this all the time, because they don't think anyone will pursue it in court. Well they will have a surprise!
     
  11. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    If you've been granted "relief" you should have the paperwork and be able to take it to the Sherrifs dept with your app. Does it require more than that?
     
  12. American

    American Portland, Oregon New Member

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    I turned in a copy with the application. So apparently not. I was debating whether or not I should just reapply and attach a copy of my rights restoration and a copy of my conviction record. It would be cheaper than the appeal, but I am sure they will just deny it again.
     
  13. American

    American Portland, Oregon New Member

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    Sent off the petition today with the money ($240), so should have an answer by the 19th of March.
     
  14. American

    American Portland, Oregon New Member

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    So I got a call on Thursday from the Multnomah County assistant attorney, and he say's that we don't need to waste time with a court date because I still have one felony and not two, and under ors 166.291(1) (g) Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony; so they will not issue me a CHL. Then I tell him that if he looks at 166.291(1) (A) The person has been convicted only once of violating ORS 475.864 (3) and has not completed a court-supervised drug diversion program under ORS 135.907; and (2) A person who has been granted relief under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or has had the person’s record expunged under the laws of this state or equivalent laws of other jurisdictions is not subject to the disabilities in subsection (1)(g) to (L) of this section. He takes a couple seconds and says you are correct, but let me speak with my colleagues and I will get back to you. Well he called me back Friday, and say's he is drafting a letter to the court to dismiss the case and will call the sheriff's office and tell them to issue my CHL! So after all the research and doing their jobs for them I will get my license.
     
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  15. soberups

    soberups Newberg Well-Known Member

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    Congratulations!
     
  16. Gunnar

    Gunnar Lebanon New Member

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    If only more Americans fought so vehemently for their constitutional "right" to keep and bear arms, this would once again be the country our fore fathers laid their lives down to protect. Congratulations!
     
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  17. soberups

    soberups Newberg Well-Known Member

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    Someone who gets multiple DUIIs will eventually wind up doing a couple of years in jail, but once they get out they arent allowed to get a drivers license ever again even though they are free. And I am OK with that. Likewise, I think there are people who probably dont need to be locked up in jail, but they certainly shouldnt be allowed to posess firearms.
     
    Wifey and (deleted member) like this.
  18. drew

    drew OR Well-Known Member

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    Good job. Nice that you had to walk them through the law.
     
  19. American

    American Portland, Oregon New Member

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    It was frustrating, but also kind of fun learning all the laws. Also I was to the point where I wanted to prove that even though I made some stupid decisions in my life, I don't want to be labeled a second class citizen.
     
    bcdon and (deleted member) like this.
  20. DonovanJay

    DonovanJay Southern Oregon Member

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    I say that when you get out of jail you should be given a rifle, and a stern warning: "Careful, it's rough out there."

    I am not a felon or a criminal but I do believe in felons having rights.