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Question about gun law?

Discussion in 'General Firearm Discussion' started by Tbucket, Oct 19, 2012.

  1. Tbucket

    Tbucket Olympia,Wash. Active Member

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    A buddy of mine has a old 4th degree assault gross misdemeanor charge against him, can he purchase a gun? Thanks for any help, I have looked but seemed unclear to me.
     
  2. JohnnyCauc

    JohnnyCauc Portland, OR Member

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    He has a charge. Was he convicted? How long ago?

    Oregon law provides that 4th Degree Assault is a Class A misdemeanor unless it was committed AND:
    assault in the fourth degree and:

    (a) The person has previously been convicted of assaulting the same victim;
    (b) The person has previously been convicted at least three times under this section or under equivalent laws of another jurisdiction and all of the assaults involved domestic violence, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290);
    (c) The assault is committed in the immediate presence of, or is witnessed by, the persons or the victims minor child or stepchild or a minor child residing within the household of the person or victim; or
    (d) The person commits the assault knowing that the victim is pregnant.

    Still, 4th degree assault is still a prohibition, unless the conviction is over 4 years old:

    (g) Has been convicted of a misdemeanor involving violence or found guilty except for insanity under ORS 161.295 of a misdemeanor involving violence within the previous four years. As used in this paragraph, “misdemeanor involving violence” means a misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195 or 166.155 (1)(b);

    Most likely, no.
     
  3. Tbucket

    Tbucket Olympia,Wash. Active Member

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    Yes he was convicted, but only thing he has ever got in trouble for. Was back in 1996. Happened in Washington, weird thing is he was issued a concealed hand gun permit but when he went to buy a rifle it was denied. Has me perplexed.
     
  4. longcolt

    longcolt Zephyrhills, FL Active Member

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    Very strange indeed! Wow!
     
  5. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    The dealer has to give him information on how to appeal a denial. He should have done that at the time of denial. If the person prossessing the background check sees a problem they won't spend much effort to find more details that might resolve it. They will just issue denial and let you try to resolve the problem through the FBI and that can take weeks or months. The denials are commonly reversed but will probably happen again when you go to buy a firearm. After the denial is reversed you will be offered an application for a UPIN which is a personal id and gives the feds permission to keep your records open. Get it and you will usually get a proceed when you purchase. It is important to try and overturn the denial as it stays in the ffl dealers records if you don't. I know this from experience. My only problem is the dealers that use a computer for the background check and then I get a short delay. I just ask them to make a phone call and allways get a proceed. You will need patience.