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  1. #1
    Join Date
    Jan 2010
    Posts
    2

    Default Firearm Purchase with Criminal Record

    My question involves criminal records for the state of: oregon
    my question is will i be denied from buying a firearm in the state of oregon with one conviction of unlawful possession of a firearm in 2001, thats my only conviction ,(witch is not a felony), now i have a marijuana delivery charge no conviction, and this is were it looks bad, a attempted murder charge and unlawful use of firearm(grand jury determined no evidence for charges released in fourteen days). its been five years since any police contact or any criminal charges, technically i still have the right to bear arms since no felony's correct ? i am expecting a delay when they conduct the background check, but will i be denied? just been hearing alot about denials and just need some advice to ease my mind

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    74,059

    Default Re: Firearm Purchase with Criminal Record

    If the only conviction on your record is for a Class A misdemeanor, you don't have any felony convictions that would prevent firearms ownership.
    Quote Quoting ORS 166.250 Unlawful possession of firearms.
    (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly:
    (a) Carries any firearm concealed upon the person;

    (b) Possesses a handgun that is concealed and readily accessible to the person within any vehicle; or

    (c) Possesses a firearm and:
    (A) Is under 18 years of age;

    (B)
    (i) While a minor, was found to be within the jurisdiction of the juvenile court for having committed an act which, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470; and

    (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section;
    (C) Has been convicted of a felony;

    (D) Was committed to the Oregon Health Authority under ORS 426.130;

    (E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or

    (F) Has been found guilty except for insanity under ORS 161.295 of a felony.
    (2) This section does not prohibit:
    (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from possessing a firearm:
    (A) Other than a handgun, if the firearm was transferred to the minor by the minorís parent or guardian or by another person with the consent of the minorís parent or guardian; or

    (B) Temporarily for hunting, target practice or any other lawful purpose; or
    (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270 and subsection (1) of this section, from owning, possessing or keeping within the personís place of residence or place of business any handgun, and no permit or license to purchase, own, possess or keep any such firearm at the personís place of residence or place of business is required of any such citizen. As used in this subsection, ďresidenceĒ includes a recreational vessel or recreational vehicle while used, for whatever period of time, as residential quarters.
    (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.

    (4)
    (a) Except as provided in paragraph (b) of this subsection, a handgun is readily accessible within the meaning of this section if the handgun is within the passenger compartment of the vehicle.

    (b) If a vehicle has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if:
    (A) The handgun is stored in a closed and locked glove compartment, center console or other container; and

    (B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key.
    (5) Unlawful possession of a firearm is a Class A misdemeanor.

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