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Gunslinger Joined: Mar 2011 From: Beaverton Posts: 38 | Convicted Felons Can Own A Firearm In Oregon 166.270 - Possession of weapons by certain felons (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm commits the crime of felon in possession of a firearm. (2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in ORS 165.540 (Obtaining contents of communications), or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon. (3) For the purposes of this section, a person "has been convicted of a felony" if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if: (a) The court declared the conviction to be a misdemeanor at the time of judgment; or (b) The offense was possession of marijuana and the conviction was prior to January 1, 1972. (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 (1) of this section; or (b) Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 (Relief from prohibition against possessing or purchasing firearm) or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction. (5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003 c.14 §64; 2009 c.189 §1; 2009 c.499 §3] Now of course the issue with all of this is that although Oregon says a convicted felon can own a firearm under certain conditions the US government says a convicted felon can never own a firearm, ever. Very confusing. Last edited by All2kool; 03-09-2011 at 02:15 PM. |
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Sharpshooter Joined: Jan 2010 From: Pacific NW Posts: 690 |
Federal Law supersedes state law.
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Sharpshooter Joined: Jan 2009 From: Renton, WA Posts: 845 |
So the short version is you can own a firearm if you only have one felony conviction, and that felony was not homicide nor did the felon use a firearm or edged weapon in the commission of said felony? Like say someone was doing something totally harmless like making wheelies, got chased by the cops, tried to run but got caught and convicted of felony eluding. That guy can still own a gun? |
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Gunslinger Joined: Mar 2011 From: Beaverton Posts: 38 | Quote:
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Gunslinger Joined: Mar 2011 From: Beaverton Posts: 38 |
One could almost make the conclusion the the State of Oregon will not prosecute a convicted felon who meets this criteria. I can't say that this is true but the wording in the statute is clear and would certainly indicate this. So if you are a convicted felon and meet this criteria, don't conceal a weapon at any time and don't get caught by a federal agent with a weapon either. This seems easy enough as I don't know of any federal agency on active patrol in Oregon.
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Rifleman Joined: Jan 2011 From: Prineville, OR Posts: 230 |
someone go commit a felony and then test the law for us. ![]() ![]() |
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Gunslinger Joined: Mar 2011 From: Beaverton Posts: 38 |
And get back to us after 15 years of post-supervision.
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Rifleman Joined: Aug 2009 From: WA Posts: 120 | |
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Gunslinger Joined: Mar 2011 From: Marysville, WA Posts: 20 |
Oh man where do I start? The whole thing about "prior" convictions is a relative new thing. We all know that back in the good old days, you could not have your gun in jail, however when you got out, you got it back. (unless of course you were let out of jail only to be hung) The suspension of your constitutional rights were only while you were incarcerated. The first 10 amendments or the "bill of rights" was not given to you by the government, hence the government could not take them away, only suspend them. This all started with the Wilson administration when the mob in Chicago and else where ( was just getting started) The government needed a way to track ex-cons and deny them certain things to make it easier to put them back in the pokey. It was a game. And tracking and the keeping of criminal records was born. Before that there was no such thing. It should be that for what ever reason you go to jail, when you got out, the slate was wiped clean, you paid your debt, then it was over. The government, who did not give you your rights, could not take them away, now they can. And the government continues to ad reasons to be arrested only so they can deny "guns" ( notice how the left wants even the people in jail to vote? --Way to go Hillary) It was always about guns. So I bet you wonder where your freedoms went when there are over 300,000 laws and regulations on the books that you can be arrested for. Then forever tracked and denied jobs, constitutional rights, and home ownership, and even to rent an apartment. It all goes back to the 1920's and guns. And socialist. |
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Gunslinger Joined: Feb 2011 From: spokane Posts: 17 |
UM what? Hang em it will teach em a lessen. Question: when a government does not want it's citisens to be armed what, is the government going to do that it's citisens won't like?
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Sharpshooter Joined: Jan 2009 From: Renton, WA Posts: 845 | Quote:
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Moderator Joined: Jan 2009 From: s. greenlake bitch Posts: 1,684 |
yes I think thats what he's saying.. I agree.. it's all a giant pile of bulllshit designed to make some people rich. |
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Newbie Joined: Jul 2011 From: Vancouver, Wa Posts: 2 |
Ok, my question is as follows: I am 23 moving from Washington to Oregon, when I was 15 I was convicted or a class c felony, It is my only felony conviction, I have not gotten in any trouble since. I have also had my record sealed in Washington. Going off of the information I have provided, I am eligible to own a firearm in Oregon state?
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Marksman Joined: May 2011 From: Woodinville WA Posts: 255 | Quote:
Notice I didn't say "You" in my reply. | |
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Newbie Joined: Jul 2011 From: Vancouver, Wa Posts: 2 |
Although I understand what you are saying, My question was given the information given in this forum topic, and the information I provided am I eligible to posses a firearm In Oregon state? Thank you
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Marksman Joined: May 2011 From: Woodinville WA Posts: 255 | Quote:
But unless it was something spectacular that captured the media's attention, the odds of the feds wasting their time would be pretty low. 15 years old... I know it's only 8 years ago, but having been a fifteen year old, I know that there's a lot more that separates a 15 year old from a level headed 23 year old than 8 years. I did plenty at that age that could have gotten me in trouble or killed with slightly different luck than I had. Good luck. | |
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Sharpshooter Joined: Jan 2009 From: Dri-Shities Posts: 745 | Quote:
I'm just suggesting this as we are all just trying to interpret what we have read, same as you! | |
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Marksman Joined: May 2011 From: Woodinville WA Posts: 255 | Quote:
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Sharpshooter Joined: Jan 2009 From: Dri-Shities Posts: 745 | |
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Marksman Joined: May 2011 From: NW Quadrant WA State Posts: 288 |
It's not a matter of "a" or "b" in the subsection you highlighted. "b" states that the felon has to be "Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 (Relief from prohibition against possessing or purchasing firearm) or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction." In short it means they have to have their rights restored per Fed Law or that paragraph you referred to doesn't matter. |
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Gunslinger Joined: Dec 2009 From: Winthrop, WA Posts: 41 | |
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Marksman Joined: May 2011 From: NW Quadrant WA State Posts: 288 | Not exactly correct. The Constitution is the Supreme Law of the Land. Only those powers not designated to the Federal Government remain with the State. There's the rub. Where does the Constitution assume power over firearms for the Federal Government. Using the Commerce Clause is a poor excuse. |
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Rifleman Joined: Feb 2009 From: redmond,wa Posts: 246 |
my buddy has a felony, from a fight in highschool.. i think they made an example out of him. anyways he cant own a gun... supposedly he can go to court and get his rights back for a fee
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Newbie Joined: Nov 2013 From: Portland, Oregon Posts: 4 |
I'm resurrecting this old thread but there is an answer to this question. In Oregon, you can restore your right to possess and own a firearm, even if you have a recent conviction. You still may be technically in violation of federal law but the US Attorney in Oregon has stated they will not prosecute someone for being a felon in possession if their rights have been restored at the state level, unless the person is committing another crime at the same time such as weapons trafficking or drug running. If you are interested in knowing more about this process, send me a PM! Todd |
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Marksman Joined: Jan 2010 From: Sherwood, OR Posts: 371 |
My advice would be to get a lawyer and pay them to figure it out for you. You don't have the right contacts or context to get down to a real answer, and anything we say on here is just some guy on the internet's opinion.
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Gunslinger Joined: Jan 2013 From: St Helens, OR Posts: 45 | Quote:
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Newbie Joined: Mar 2013 From: Moscow, ID Posts: 2 |
If you can't be trusted with a gun why would you be trusted with a knife, car, lighter, hammer, sword, boot... A gun is simply a tool, nothing more. |
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Sniper Joined: Jan 2009 From: Kirkland, WA Posts: 1,318 |
The felony rule hasn't ever made complete sense to me. If the person has "paid their debt" or "been rehabilitated" (or whatever term they want to use), why then doesn't he/she have their rights back?
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Rifleman Joined: Jan 2009 From: Marysville, WA Posts: 196 | Agree that this is the way it should be, but then again, I'm conflicted on the subject. Take sex offenders for example. Technically they paid their debt once they're released, but they sure do have to jump through a lot of hoops. But I'm ok with that. If someone commits a felony with a firearm, maybe I'm ok with them not being able to own firearms again. Maybe I'm not ok with it... it does go directly against the Constitution, which I tend to support verbatim.
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Sniper Joined: Jan 2009 From: Kirkland, WA Posts: 1,318 | Quote:
I also know there are people with felonies on their record that are silly or just plain don't qualify in a rational person's mind as being something that should carry that sort of weight. I remember reading a story about a guy in the Baja prison who'd committed murder. He truly rehabilitated (off drugs, self-improvement, etc.) as part of that got permission to talk with the family of the person he murdered. He ended up making amends to the family directly for quite a long time. He was basically an indentured servant for them (his choice, worked out with the prison). He earned the money that their son would have earned, payed for things to the widow/children, did the physical labor that would have been done, ensured the children had education, etc. When all was said and done the family themselves requested that he be released from prison as a completely rehabilitated person and contributing member of society. When I read that I got a completely different idea of what "rehabilitated" meant. He didn't just sit in a prison for a number of years and then get released, having served his time. He made up the damage so thoroughly & completely that he was no longer the same man. It gives one to wonder if that type of standard was expected in our prison system, if we'd see different results -- negating the need for so many of these types of rules... | |
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Newbie Joined: Nov 2013 From: Portland, Oregon Posts: 4 | This is great advice. I am a lawyer that specializes in restoring gun rights for people in Oregon. I also offer plenty of free advice and tips. I encourage any with questions to shoot me a PM.
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Newbie Joined: Feb 2014 From: Portland Posts: 2 |
Ok. I have a question here. I am 27 years old. In 2011 I was convicted of Felony Assault III and spent 45 days in jail, and got sentenced to 3 years probation. The assault stemmed from a fight that I got into with a friend of mine and his brother in law. My friend and his brother in law were fighting, I jumped into it being the drunk idiot I was at the time and got what I deserved from the law. I had only a few misdemenor charges from my youth/young adult life so this was my first feloy ever. it is an Assault III Class C felony. When I was sentenced my lawyer told me I could get it exponged *sp* when I completed probation. Well, I get off probation in June of this year, and have recently been curious as to where I stand in the law as far as possessing a handgun/rifle and if my right to bear arms has been taken away forever over a stupid drunk fight? I was just doing some google searching and found this forum. I'm bringing the thread back in hopes of some help. If you can help with some info thanks in advance, and I look forward to browsing the forums and learning some new things. Thanks Guys and Gals.
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Marksman Joined: Jan 2013 From: Amboy, WA Posts: 293 |
According to the law, it's a 15 year wait from the date of the offense.... Quote:
Quote:
Last edited by RK600; 02-05-2014 at 08:18 AM. | ||
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Newbie Joined: Feb 2014 From: Portland Posts: 2 |
YEAH i JUST MESSAGED HIM LAST NIGHT, so even though I didn't commit a murder just because I got probation I have to wait for 15 years?!?!?1
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Marksman Joined: Jan 2013 From: Amboy, WA Posts: 293 | Quote:
If you were convicted of a felony, then the quoted laws at the beginning of this thread affect you. | |
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Newbie Joined: Feb 2014 From: larkspur, co Posts: 1 |
Hot Round, I was reading this and saw your remark and I want to tell you to so VERY VERY CLEARLY piss off, get rid of your guns and hang yourself. I have a felony for simply walking away from a crazy EX, period. the police decided that I was at fault for trying to escape a psychotic woman and shot me 7 times then ruined my chances of having a decent life. simply put, not every person with the label "felon" deserves it or is responsible for something bad. Research it and you will find thousands of cases where people we found to be INNOCENT years after there incarceration. YEARS IN PRISON FOR NOTHING and if we followed your advice that would what... make you a murder then you personally would be a felon under mans laws and GODs so I ask you RE-THINK the BS you have swallowed from our government, and please please please DO NOT reproduce, we have enough retards to deal with without your offspring.
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Rifleman Joined: Feb 2013 From: Puyallup, Wa Posts: 212 | Quote:
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Peashooter Joined: May 2013 From: Olympia Posts: 7 | Quote:
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Gunslinger Joined: Mar 2011 From: US Posts: 39 | |
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Peashooter Joined: May 2013 From: Olympia Posts: 7 |
I just noticed that was my 1st post in this forum also,been lurking since May though,and I'm not drinking either.
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convicted, felons, firearm, oregon |
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