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Thorny Legal Question

Discussion in 'Legal & Political Archive' started by Liberty97045, Jan 30, 2015.

  1. Liberty97045

    Liberty97045 Oregon City Well-Known Member

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    A long-term acquaintance of mine (not me) had a Class B felony in Multnomah county nearly 20 years ago.

    According to Oregon Statute
    "166.270
    (4)Subsection (1) of this section does not apply to any person who has been:

    (a)Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005(Criminal homicide), or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection"​
    His offence was Robbery in the second degree, A Measure 11 crime and a class B felony. He is not eligible for expungement because it is class B

    It appears to me that he can now own a firearm in Oregon.

    Question, he now lives in Washington, will this be a problem?
     
  2. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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    It should not be a problem if he can currently pass a NICI check and his rights were restored prior to coming to Washington. If you are a resident of Washington and your rights from another state are restored while you are a resident of Washington Washington may or may not recognize your restoration of rights. There are instances where you could be good to go in Oregon and Federal and still be a prohibited person as far as the state of Washington is concerned. If that is the case you would need to go before a judge in a Superior court in Washington to address it.

    There are three podcasts on Alex Kincade's legal page that deal with Restoration of rights, the guest speaker being a Washington firearms lawyer. I suggest your friend listen to them and then if he thinks it's prudent consult an attorney if there is a chance of a hang up

    http://www.alexkincaid.com/index.php/89-main-site-articles/50-gun-law-podcasts