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Oregon Gun Ownership - Misdemeanor in another state

Discussion in 'Firearm Laws & Legal' started by PNWChallenge, Jan 23, 2016.

  1. PNWChallenge

    PNWChallenge Tigard, OR New Member

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    My question is a relatively simple one. Almost seven years ago I had a misdemeanor in another state that was deferred/dismissed after completing a year of probation. The judgment was labeled a misdemeanor with a domestic violence enhancement (I threw a glass at a wall during an argument with my GF). I haven't had so much as a speeding ticket since. In reading Oregon's ownership laws, I'm wondering if I'm prohibited from buying a firearm here. I suppose my confusion lies in each state having it's own interpretation of what constitutes domestic violence and further, who is eligible to purchase a firearm. Add to that the Federal guidelines outlined on the ATF site.

    I know I could just run down to Cabela's and fill out a 4473, but this doesn't seem to be the best route.

    Can anybody point me to a good resource to do my own research? Or, does anybody know or have similar experience?

    Thanks for any suggestions.
     
  2. Charliehorse

    Charliehorse Cascade Mts - State of Jefferson USA Well-Known Member

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    Don't trust those 'dropped/deferred/dismissed' promises. I had a petty theft in college at 19 in a mid-western State, had to wash fire trucks for a month of comm svc, supposedly there would be no record.

    I'll be danged if I fill out FBI background check for employment 6yrs later, didn't list any misd, and it shows up.
     
  3. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    More general - how does anyone run a check on them self to find any Wants / Warrants and if there is any information which would prevent you from purchasing a firearm?
     
  4. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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    I don't think you can, I have been told that the police cant/wont run a NICS check until you are suspected of a crime
     
  5. Charliehorse

    Charliehorse Cascade Mts - State of Jefferson USA Well-Known Member

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  6. kilimanjaro

    kilimanjaro Skagit County Well-Known Member

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    I know a man who just got sentenced for possession of firearms due to a 20-year old problem he thought was dismissed. The only certain answer is to get a lawyer, pay him for a couple of hours, and get your background thoroughly reviewed from a legal sense. After that, you may want to retain him further to get your record expunged or similar, or may not need to.

    The worst thing to do is to assume you're OK and incorrectly fill out a 4473 form as a 'test'. That is a felony and can very well get you in hot water.

    The other thing to do is to reflect upon your own behavior. Do you still become aggressive and throw objects during arguments? Or have you grown up? Depending on an honest answer to yourself, maybe firearms ownership is not wise for you.
     
    FortRock and Jerry like this.
  7. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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  8. PaulB47

    PaulB47 Hillsboro Well-Known Member

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    Ah, government. Always helpful... :rolleyes:
     
    dude23 likes this.
  9. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    I talked with a Corrections Officer some long time ago. He says they ask if you have any Wants / Warrants as a kind of test. The only people out of jail who really know, have Parole Officers.

    You could be hit with some civil suit, miss the summons, and have a bench warrant out for you. Nothing the police will spend time on, until you get pulled over, or have some other interaction.


    As for the 4473 questions - I don't think of that as a workbook to make the determination.

    Also - Are you an unlawful user of drugs - in WA and OR - most people will say no, even if they have a medical card. After all it is OK by the state. But the real answer, since pot is a tier 1 narcotic - no useful purpose - if you have ever used it...you are and unlawful user of drugs.




    If a lawyer could find out if I have wants / warrants - they why can't I ?


    (and I am not going to ask about finding out if I have made the no-fly list )
     
  10. balaperdida

    balaperdida eastern idaho Well-Known Member

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    I'm not a lawyer, but from what I have read, the kicker is the domestic violence charge. Suggest you contact alexkincaidlaw.com. They advertise that they specialize in these kinds of problems.
     
    Jerry likes this.
  11. WalkenBear

    WalkenBear SW Washington New Member

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    Most, if not, all states have a process for you to review your criminal record (rap sheet), or lack of one. Also they have a appeal/challenge process if you find discrepancies. Usually costs a few bucks $10-$25 to get your record but way cheaper than a lawyer. Appeal/challenge process is free. Getting your criminal record history should be your first step regardless, as that is the first thing your lawyer would do and would most likely save you a second visit to the lawyer. The first to explain your problem, the second after he get the history and reviews it. This way you should be able to present the problem on the first visit, or contact.
    As far as I know it is a point of law in all states that your rap sheet have in legal words "complete and accurate information. As well as being the same requirement for a state to submit criminal history to the FBI/NCIS system. The reality is the records submitted to the NCIS are far from that. If there is a problem with your FBI/NCIS record then the FBI will direct you to contact the state to correct it first then the state will submit the corrected info to the FBI.
    Go to the public safety website of the state you are concerned about. Should be a link to a form to request your criminal history from the state on their website, if not call and have them send you a form or ask what needs to be on a request letter. (Do a search for the state + criminal history record request.) Form usually has to be notarized, your bank should notarize it for free or you can find a place to pay to get it notarized, fill it out and send in the cash and you will have your answer.
    You can also request your FBI/NCIS record, cost is I think $18, you can submit by letter or go through one of their contact business partners and get it almost immediately. That would be the fastest way to check your record. from there you can see what the FBI has in it's record that was submitted by the state and how it reads. The way the NCIS record reads will determine if you are approved/delayed or denied for a firearm purchase. If you see a problem on the FBI record then you can contact the state. Long wait by mail 3-4 months.

    FBI - https://www.fbi.gov/about-us/cjis/identity-history-summary-checks
     
    Last edited: Jan 28, 2016
    Arleyg likes this.
  12. Jerry

    Jerry Vancouver, WA Well-Known Member

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    what he says! Spend some $$ and get a lawyers answer. If anything involves the legal system, don't get advise from your buddies. We don't know jack!! That kind of advise will get you 5 years of conjugal visits every night from your cell mate. And that's a cold hard fact!!!

    Best of luck to you my freind.
     
  13. DuneHopper

    DuneHopper Douglas County. Well-Known Member

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    Another non-felony route is go get a CHL they will ask you about past stuff and deny you if don't pass. I know the application here specifically lists and domestic stuffs.
    Ya know the best route would be go down to the local sheriffs office and ask its free that can tell you no or they don't know but its a start before you spend money.
     
  14. Doc In UPlace

    Doc In UPlace Tacoma-ish Well-Known Member

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    Most attorneys have di*k for access, and even less investigative skills. I am a legal investigator and do research and investigations for law firms, just about every day.

    Hire a good professional investigator to do a non-civil records profile on you. Make sure they x-check public records with your DOB including your middle initial.

    And no bench warrants will issue based on a FTA in a civil case. The worst that will happen there will be a default judgment.

    Find a good licensed investigator by visiting their association's website. In Oregon it's OALI http://www.oali.org/
    and in Washington it's WALI http://wali.org/

    It shouldn't cost more than one hour's casework-time to run non-civil courts for your states of residence.
     
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