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  1. #1
    Join Date
    Sep 2010
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    3

    Default Felon in Possession of Firearm

    My question involves criminal law for the state of: Oregon Police came to my home with a search warrant for weapons because my 22 year old son previously lived there. They were under the influence that he still lived with us. They seized our guns and advised us to call our son from his home in Washington state and come take care of this. He came they arrested him and he was released 2-3 days later and was given a court date. He went to court and was advised that no charges had been filed yet. It has now been 3 months. How long do they have to decide to charge him?

  2. #2
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    Feb 2010
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    CT & IL
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    5,273

    Default Re: Felon in Possession of Firearm

    if he listed your address as his residence then you have problems if the guns were not in a safe. Contact an attny to get your guns back.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Felon in Possession of Firearm

    Charge him with what? A probation violation? A new crime (what crime)?

    He can be charged with a probation violation up to the date he gets his order of final discharge from probation.

  4. #4
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    Sep 2010
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    Default Re: Felon in Possession of Firearm

    He was charged in 2006 with theft 1 and the judge modified it to a misdemeanor and gave him fines and 18 months probation. He completed all probation and payed fines and was discharged from probation. Does that still make him a felon if they reduced it to a misdemeanor? I guess I'm asking is how long do they have or can they charge him with the felon in posession of firearms. Also considering the firearms weren't his and he wasn't even living at our house when they called him over.

  5. #5
    Join Date
    Jan 2010
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    Oregon
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    Default Re: Felon in Possession of Firearm

    uuuhhhh, what? if he isnt a felon then he cant get charged with a felon in posession, if he doesnt live in the same state and they arent in his name how would he be in posession? is there anything that say's he's not allowed to posses firearms?
    what gave the cops the impression he was living there? what gives teh cops teh impression he isnt allowed to have guns? did they have a search warrant when they came in? have they returned your guns?

  6. #6
    Join Date
    Sep 2010
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    3

    Default Re: Felon in Possession of Firearm

    The officers did have a search warrant and they said that just because the court modified the charges to misdemeanor it still means its a felony in the aspects of owning a gun. Also the funny thing is that he had had background checks for jobs and they said he was clear. Then all of a sudden in June of 2010 the background checks say he is a felon. We also spoke to the state police about my guns and his cell phone and they said they might have already disposed of them. Yet the court still has done nothing as far as charging him or dismissing the whole thing.

  7. #7
    Join Date
    Jan 2010
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    Oregon
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    123

    Default Re: Felon in Possession of Firearm

    none of this is adding up.
    either your mistaken about what has happened or there is a complete breakdown in the entire justice system, from him migically having a felony instead of a misdemeanor, them getting a warrant and then the evidence going missing!! Im not saying it isnt possible but it requires more then one department to breakdown.

    Is your kid on probation? does he say he lives with you? does he have a dv conviction that would prohibit possesing a firearm?

    how long ago did he get off probation?

  8. #8
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    Default Re: Felon in Possession of Firearm

    Either the charge was reduced or it wasn't - we can't investigate that for you. But as you've told us that even if his charge was reduced he would be classified as a felon for purposes of "felon in possession of a firearm" laws, you've told us that he can properly be charged under those laws if caught in the possession of a firearm.

    For most Oregon felonies, the statute of limitations is three years.

  9. #9
    Join Date
    Feb 2010
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    CT & IL
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    Default Re: Felon in Possession of Firearm

    Quote Quoting Mr. Knowitall
    View Post
    Either the charge was reduced or it wasn't - we can't investigate that for you. But as you've told us that even if his charge was reduced he would be classified as a felon for purposes of "felon in possession of a firearm" laws, you've told us that he can properly be charged under those laws if caught in the possession of a firearm.

    For most Oregon felonies, the statute of limitations is three years.
    I dont think the OP knows....likely is getting info from the felon ... ?? And he is just giving them the run-around.

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