GUN help me settle a debate

Discussion in 'On Topic' started by P07r0457, Nov 11, 2007.

  1. P07r0457

    P07r0457 New Member

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    having a debate with a friend:

    Someone that has entered a plea of "guilty" on a deffered sentence agreement would be considered as having a "conviction", even after having completed the agreement. Basically they would be ineligible from owning a firearm, or especially applying for anything BATFE related -- such as SBR, correct?

    If this is not correct, can someone provide a link to where it actually defines what a conviction is?

    I assume that entering a plea of "guilty" as part of the agreement would constitute ineligibility, correct?
     
  2. TwistedMind

    TwistedMind New Member

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    what did you plead guilty to?

    Defered sentence cant be anything to serious i would think. I can't imagine a defered sentence for a felony so unless you got a differed sentence for spousal abuse etc i dont think it would be a problem.


    What crime caused you to have a defered sentence.
     
  3. FusionZ06

    FusionZ06 /\__/\__/\__0>

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    Was this deferred sentence agreement in relation to a felonious crime? Was it any other crime that if he would have plead guilty to, would remove his right to own a firearm?

    What state are we talking?
     
  4. P07r0457

    P07r0457 New Member

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    I did not plead guilty to anything. I legally own firearms, and have no charges pending against me.

    I know this is a forum and everyone thinks that the "friend" is always the OP, so think what you may, but this is not me.

    In fact, I'm probably going to buy another gun next week because Sportsmans Warehouse is opening up and they're advertising a S&W MP15 on sale.


    I do not want to release too many details to protect their privacy, but the inncident occured several years ago. Both he and his brother were involved. He took the deferred agreement. His brother didn't and went to court -- where he was found not guilty. His brother owns a gun, but now he's wondering if he can buy one? His drivers license is currently suspended, so the direct answer is no, but if he were to pay the fines to get it back, we disagree if he would be eligible or not -- I say no, he hopes I'm wrong.
     
  5. TwistedMind

    TwistedMind New Member

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    wtf did he do. Jesus christ, you cant expect a answer unless you tell us what happened.

    if all your going to say is he pled guilty then no he cant ever own a gun tell him to try and watch the BATFE come fuck him over.
     
  6. P07r0457

    P07r0457 New Member

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    impersonating a police officer, lol.
     
  7. P07r0457

    P07r0457 New Member

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    so we'll say I'm right, and he cannot own a gun. Can I get in trouble for taking him to the range and letting him shoot my guns (with me there shooting too) or can we get in trouble going out hunting?

    He's my friend, but I do *not* want to lose MY right to own guns.
     
  8. Keesh

    Keesh New Member

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    That's something I wouldn't chance. If he's your friend he should understand that you want to keep your second amendment rights :hs:
     
  9. P07r0457

    P07r0457 New Member

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    yea he understands. He really wants to go, but it's not worth the chance.


    He needs to stop being broke so he can try to buy a gun, and if he passes the background check then we're peachy!
     
  10. Soybomb

    Soybomb New Member

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    If you're ineligible to buy a guy and you try to buy a gun, I believe you may run the risk of being charged with breaking another law. If he is ineligible to own guns you cannot take him shooting with you. Impersonating an officer is probably a felony and he probably can't own guns. If he wants to buy or shoot guns he needs to talk to his lawyer and get a real answer.
     
  11. P07r0457

    P07r0457 New Member

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    it was misdemeanor. He doesn't have to disclose it on job apps, but I know buying a gun is a diff matter. The whole point of the background check is to determine eligibility -- so I highly doubt they're gonna arrest him if he fails -- he just won't get a gun and he'll be out like $10 for the bg check.

    But again, I don't really care. I'm going shooting tomorrow, and he just won't be able to come with me.
     
  12. mrburner

    mrburner Ron Paul 2008

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    if it was a misdemeanor he shouldn't have any issue

    if it was a felony he will get charged with another felony if he tries to purchase a gun

    i'm sure that there's someone you can call about this - i found this in 2 seconds with google

    http://oregonfirearms.org/faq/

    [FONT=Arial, Helvetica, sans-serif]Where could I find info on the oregon laws regarding, weither or not a person with a past felony conviction could own or possess a black powder/muzzleloading rifle, or pistol. Thanks in advance.[/FONT]
    [FONT=Arial, Helvetica, sans-serif]This should not be construed as legal advice, for that you need to contact a lawyer, but below are quoted 2 sections of Oregon law that seem to answer your question.
    In the first quote (166.210) you see under section (2), the definition of a "firearm." This would certainly seem to include black powder guns.
    In the second quote (166.250) you can see that felons are denied possession of a "firearm." Since the definition of a "firearm" seems to include black powder and muzzle loaders, it does appear that those are prohibited as well.
    It's dumb, but most laws are.
    [/FONT]
    [FONT=Arial, Helvetica, sans-serif]166.210. As used in ORS 166.250 to 166.270, 166.281, 166.291 to 166.295 and 166.410 to 166.470:
    (1) "Antique firearm" means:
    (a) Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and
    (b) Any replica of any firearm described in paragraph (a) of this subsection if the replica:
    (A) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
    (B) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.
    (2) "Firearm" means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon.
    [/FONT]
    [FONT=Arial, Helvetica, sans-serif]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 or found guilty, except for insanity under ORS 161.295, of a felony ;
    D) Was committed to the Department of Human Services under ORS 426.130; or
    (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.
    [/FONT]
     
  13. mrburner

    mrburner Ron Paul 2008

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  14. Coottie

    Coottie BOOMER......SOONER OT Supporter

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    Plea agreements are just that, agreements and they are subject to terms and conditions which can be numerous. In fact, if the crime involved guns at all, they may have added a provision that he gives up his 2nd amendment rights. In that type of situation, it wouldn't matter if it was a felony or misdemeanor he couldn't have a gun. However, it's more likely they'd just make him agree to a felony...easier to track.

    If he's confused, I'd suggest he call the police, DA or the court and obtain a copy of the plea agreement. He can also contact his attorney that represented him, I'm sure he has a copy of it somewhere.

    Deferred sentences often have conditions attached to them, such as if he does X, Y or Z, he goes immediately to jail. Not only that, they often have a length of time associated with them, such as a couple of years where if the convict keeps himself out of trouble, they'll remove the conviction. So really, it's important to look at the actual agreement he signed.....then go from there.
     
  15. P07r0457

    P07r0457 New Member

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    I'll pass that along. I'm gonna tell him he needs to determine the legality of owning a firearm himself, and if legal, he needs to buy one from a FFL. Once he does that, we'll go to the range together. Not worth the risk until then.
     
  16. Coottie

    Coottie BOOMER......SOONER OT Supporter

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    Yeah that's a good way to handle it.
     

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