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WashCo CHL incident

Discussion in 'Legal & Political Archive' started by BDA.45, Apr 9, 2013.

  1. BDA.45

    BDA.45 oregon Well-Known Member 2016 Volunteer

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    Sooooo, I go into the Washington County Sheriffs Office around 4 today to re-new my CHL. No biggie right? And so the story begins... My self and the person behind the counter start to go through my paperwork. Had a few questions that the answers I wasnt really certain of and wanted to clear up. Mainly...
    2.) Have you ever been convicted of an offense (including a violation or infraction) involving controlled substances? A controlled substance is defined under ORS 475.005(6). Examples include but are not limited to marijuana, ecstasy,heroin, cocaine, LSD, peyote, or methamphetamine. Alcohol is not a controlled substance.)
    Yes
    No
    If yes, when and where? __"
    So I answer yes. Im not sure of the date but its somewhere around '98-'01. This is where the fun begins. Im told I can no longer have a CHL and my re-newel is is being revoked. Apparently a law was passed in '10 saying something like if Ive been convicted (in another state?) for substance abuse my CHL will be revoked/denied. Dont quote me on that, Im going off of confused, frustrated, happy memory. Simply put, does anyone know of any legislation that went into effect about substance use? Ive looked and cant find anything. I DID get my CHL renewed by the way. There were no records of my Mary Jake conviction from 15 yrs ago in the data base. Im gonna contact the WashCo sheriffs office tomorrow to clarify the statues I would have broken and get more info which Ill post. Stressful confusing day today.....
     
  2. Father of four

    Father of four Portland, Oregon Well-Known Member

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    My word...I was convicted/I thought, for having a roach ( last little bit of a joint) in my cars ashtray back in like 1990. Is that gonna keep me from getting a CHL?


    No way.
     
  3. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Here it is....


    Case No. 024..... County FORSYTH
    Statute 90-95(D)(4) Class MISDEMEANOR
    Offense Date 1995 Offense POSSESS MARIJUANA UP TO 1/2 OZ
    Jurisdiction Plea NOT GUILTY
    File Date Disp. Date 10/10/1995
    Arrest Date Disposition JUDGE (Trial by judge Or guilty plea before judge at district court level, guilty plea at superior court level)
    Source North Carolina Admin Office of Courts, NC Confinement
    ID Number Father of four Offense Modifier ARRAIGNED
    Case Year 1995 Case Type CR
     
  4. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Heck maybe I got out of it...I dont remember. :D
     
  5. BDA.45

    BDA.45 oregon Well-Known Member 2016 Volunteer

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    It could now.... I got a $100 ticket in Cali (an infraction, same as a speeding ticket) and I was gettin revoked. They gave me a refund on my money! I was basically told to kick rocks until one person ran my name. Thats why I need help in getting a confirmation on the law. I got lucky, my conviction wasnt in the "base" for some reason.
     
  6. BDA.45

    BDA.45 oregon Well-Known Member 2016 Volunteer

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    Dude, After what I just went through, you better make sure it got expunged or whatever. It better not appear on your record or expect a VERY stressful afternoon. It sucked!!!
     
  7. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Something doesn't sound right. Probably the cop has misinformation that needs being corrected.
     
  8. BDA.45

    BDA.45 oregon Well-Known Member 2016 Volunteer

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    Thats where I need clarification on the laws. Ive looked up the CHL statues, drug statues, etc but couldnt find anything that combined the two for a CHL revocation. Ive been on this crap since about 5 this afternoon. Im exhausted. Them telling me I cant have a CHL and then 45min later saying SIKE really took its toll. I carry every day dude.... Mind fcuk...
     
  9. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Waiting to see if anyone else chimes in.

    Has anyone ever been convicted of smoking a joint and still got their CHLs?
     
  10. Kable

    Kable Lynnwood Active Member

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    If that really is a law that is super lame. I'm not condoning anything but I've never heard of a violent person who was using weed. In WA as long as you have no felonies or domestic violence convictions your good.
     
  11. duane black

    duane black Washington Well-Known Member

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    I'm on a cell phone right now so bear with me. I'm also not a lawyer, I have read the law more than once in regards to this issue.

    Read through 166.291. I am pasting the relevant part. Pay very close attention to (a) and (b)

    It looks like Oregon gives you 1 chance in regards to this. If you have ONE controlled substance charge you are OK.

    If you have ONE diversion you are OK.

    If you have a diversion and a drug charge, you are SOL. UNLESS you get it expunged.

    Now. A question I have is how does this apply to out of state convictions and diversions ? The ORS is very specific...

    As I said I'm not a lawyer, just familiar with 166.291.

    (L)Has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program, except this disability does not operate to exclude a person if:
    (A) The person has been convicted only once of violating ORS 475.864 (Unlawful possession of marijuana) (3) and has not completed a court-supervised drug diversion program under ORS 135.907 (Notification of availability of diversion); or
    (B) The person has completed a court-supervised drug diversion program under ORS 135.907 (Notification of availability of diversion) and has not been convicted of violating ORS 475.864 (Unlawful possession of marijuana) (3);

    Also pay very close attention to this :

    (2) A person who has been granted relief under ORS 166.274 (Relief from prohibition against possessing or purchasing firearm) or 166.293 (Denial or revocation of license) or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C. 925(c) or has had the persons 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.

    Hope this helps.

    Sent from my Nexus 4
     
  12. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    Since this is a RENEWAL, I would only expect to answer questions about what transpired between the issue date of the CHL and the time of renewal. I would answer the question in that context.
     
  13. Hawaiian

    Hawaiian Tigard Oregon Well-Known Member

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    duane black's post above spells it out. If you have only ONE conviction for possession of a small amount of pot, and it was over four years ago, you are OK. If you have TWO convictions, you are out of luck for life. One for pot and one for a court ordered diversion program (in lieu of a DUI) = TWO and you are prohibited.
     
  14. duane black

    duane black Washington Well-Known Member

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    Just noticed you were in Washington County ? From their website...

    Next time print out the web page and bring it with you. Sounds like they are a bunch of bubblegums.

    Concealed Handguns


    not have been convicted of a drug-related crime or sentenced to diversion in any state UNLESS you were convicted only once for possession of less than an ounce of marijuana AND have never completed drug diversion; OR you have completed drug diversion AND have never been convicted of possession of less than an ounce of marijuana
     
  15. rstews

    rstews Kelso, WA New Member

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    I'm a Washington resident and got my CPL in December. I applied for an out of state Oregon CHL in Columbia County. I had to answer yes to the above question because of some crap I pulled back in '76-78. For some reason my memory of these times is fuzzy. Anyway 3 DWI's, 1 involving drugs and diversion. I was issued the CHL. Not sure what my record shows. I did a quick Washington State Patrol check, not the fingerprint check, and it came back clear. Think I might pay the $30 to do the full check before I have to renew to try to avoid problems. I did shop around before going to Columbia County and it seems each sheriff asks different questions and has some discretion.
     
  16. pokerace

    pokerace Newberg Well-Known Member

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    I read some where that after 4 year it goes away as far as CHL'S are concerned. Does any body know about this
     
  17. duane black

    duane black Washington Well-Known Member

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    Again, Im not a lawyer but I think you are referring to this ;

    (h)

    Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295 (Effect of mental disease or defect), of a misdemeanor within the four years prior to the application;

    This is separate from the controlled substance language and looks to me that it is NOT related in anyway to a controlled substance charge. Meaning, the controlled substance charge can still be a issue > 4 years old IF you have more than one OR you have a controlled substance charge AND a diversion.
     
  18. duane black

    duane black Washington Well-Known Member

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    I am waiting for a appointment right now with Columbia. They have me coming in June. I do not have a controlled substance charge or a drug diversion. I do have a alcohol related Juvenile DUI in California. This record has been sealed ( California doesn't expunge juvenile records as they are not " crimes " in the eyes of the state , they also destroy records 5 years after the sealing order all the way up to the California DOJ which is actually very cool , I guess some states do not do that )

    This is why I have read on the subject.

    I was pretty lucky to get the stupid bubblegum out of the way before I hit the magic 18 number. I like Oregon, don't get me wrong, but the language in 166.291 is retarded. WA has no such language and no such question on the form.

    To make matters even crazier research medical marijuana and oregon CHL. If you are a medical marijuana user it's OK but if you were popped twice for having a joint back in the 70's you need to get your record expunged or they will not issue ?

    Retarded.

    OP

    It looks to me like you talked to a Richard Cranium that didn't understand. If you were hit with a CA HSC 11357 this will not preclude you from a Oregon CHL. Unless you already had a diversion due to controlled substances ( in California this is a PC 1000) OR more than one controlled substance possession conviction.

    Anybody that has a criminal charge on their record. Get it removed. It's actually pretty easy and you can do it yourself thanks to the good old Internet. I didn't even have to show up at mine, the judge granted it without issue. Of course this was a juvenile matter YMMV.

    As always I am not a lawyer, and this is not legal advice. Talk to a REAL attorney, not some dude who stayed at the holiday inn last night. :thumbup:
     
  19. Father of four

    Father of four Portland, Oregon Well-Known Member

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    Thats real close to..."shall not be infringed".
     
  20. 19 Adam

    19 Adam rural Clackamas County, Oregon Active Member

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    It is my understanding that the Sheriff can set more restrictive policy than required by state law. Multnomah County is in the process of redefining the CHL policy.