I am curious if an individual would be eligible to purchase a firearm in the state of Oregon after dismissal of criminal chargers in California.
Here are the specifics:
Felony conviction of possession of marijuana with intent to distribute in 2007. (In possession of 4oz, each ounce individually packaged)
Felony conviction of felon in possession of firearm in 2009. (Charged while on probation for marijuana charge. Not as bad as it sounds, the individual sold a non-functioning, pitted out shotgun from the 1950's to a dealer because the family was concerned it would be illegal to sell at a garage sale. Police showed up days later with a warrant and record of the sale.)
Fast forward to 2018.
Felony marijuana conviction reduced to a misdemeanor under prop 64 guidelines.
Misdemeanor charge then dismissed by the court pursuant to PC 1203.4.
Firearm charge also dismissed pursuant to PC 1203.4
Individual is now technically clear of any criminal record. They were told by attorney that in CA, the firearm charge would still inhibit them from ownership even though it has been dismissed. The individual now resides in Oregon.
Here is where clarification is needed: ORS 166.270 states
(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.
It also states:
(4) Subsection (1) of this section does not apply to any person who has been:
(b)Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 (Relief from prohibition against possessing or receiving firearm) or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction.
The last sentence of the above is what is confusing.
Is this individual eligible to purchase a firearm under Oregon law? Aside from these two instances of poor judgement over 10 years ago, they have been a successful, law abiding citizen with no other criminal issues.
Thank you.
Here are the specifics:
Felony conviction of possession of marijuana with intent to distribute in 2007. (In possession of 4oz, each ounce individually packaged)
Felony conviction of felon in possession of firearm in 2009. (Charged while on probation for marijuana charge. Not as bad as it sounds, the individual sold a non-functioning, pitted out shotgun from the 1950's to a dealer because the family was concerned it would be illegal to sell at a garage sale. Police showed up days later with a warrant and record of the sale.)
Fast forward to 2018.
Felony marijuana conviction reduced to a misdemeanor under prop 64 guidelines.
Misdemeanor charge then dismissed by the court pursuant to PC 1203.4.
Firearm charge also dismissed pursuant to PC 1203.4
Individual is now technically clear of any criminal record. They were told by attorney that in CA, the firearm charge would still inhibit them from ownership even though it has been dismissed. The individual now resides in Oregon.
Here is where clarification is needed: ORS 166.270 states
(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.
It also states:
(4) Subsection (1) of this section does not apply to any person who has been:
(b)Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 (Relief from prohibition against possessing or receiving firearm) or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction.
The last sentence of the above is what is confusing.
Is this individual eligible to purchase a firearm under Oregon law? Aside from these two instances of poor judgement over 10 years ago, they have been a successful, law abiding citizen with no other criminal issues.
Thank you.