Oregon firearm eligibility after CA dismissals

[Oregrown]

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.

 

[quincy]

The individual should have the facts personally reviewed, and the law personally analyzed, by an attorney licensed to practice in the individual’s own jurisdiction.

Anonymous strangers on an Internet forum - no matter how bright these Internet strangers might be - cannot provide information that the individual can rely on.

 

[LdiJ]

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.

I am confused. If you were convicted of a felony a judge could not just dismiss the case. It could perhaps be expunged, but not dismissed. It could also be overturned on appeal, but again, not dismissed. Are you saying perhaps that the judge granted you a new trial and as part of that it was dismissed?

 

[quincy]

I am confused. If you were convicted of a felony a judge could not just dismiss the case. It could perhaps be expunged, but not dismissed. It could also be overturned on appeal, but again, not dismissed. Are you saying perhaps that the judge granted you a new trial and as part of that it was dismissed?

Expunging a criminal record is also called a “dismissal” in California.

 

[quincy]

For more information, here is a link to San Diego County, Office of the Public Defender, on expungements/dismissals:
https://www.sandiegocounty.gov/content/sdc/public_defender/expungement_faq.html

 

[Zigner]

From Q's link:

What happens is the court re-opens your case, the “finding of guilt” (your guilty or no contest plea, or guilty verdict) is withdrawn, and a "not guilty" plea is entered. The court will then dismiss your case.

 

[quincy]

Here for some additional information are links to Oregon’s laws on possession of weapons by certain felons and on relief from prohibitions:

ORS 166.270: https://www.oregonlaws.org/ors/166.270
ORS 166.274: https://www.oregonlaws.org/ors/166.274

The person with the California dismissals should speak to an Oregon attorney.

 

[FlyingRon]

You need an attorney who specializes in CALIFORNIA GUN RIGHTS. An expungement does not by itself restore your California firearm rights. As a felon who has not had his gun rights restored in California, you are barred by FEDERAL LAW from possessing a firearm anywhere.

 

[quincy]

You need an attorney who specializes in CALIFORNIA GUN RIGHTS. An expungement does not by itself restore your California firearm rights. As a felon who has not had his gun rights restored in California, you are barred by FEDERAL LAW from possessing a firearm anywhere.

The felonies in California are first reduced to misdemeanors and then expunged/dismissed. It is a weird California thing. And a new “clean slate” law goes into effect in 2021.

California Penal Code section 17(b):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=17.

In other words, firearm rights can be reinstated with the reduction from felony to misdemeanor in some cases, if the offense was not one of violence.

Here is a good review of restoration rights in California:
https://ccresourcecenter.org/state-restoration-profiles/california-restoration-of-rights-pardon-expungement-sealing/

But it will really take a personal review of it all, especially since one attorney in California already told the individual that the right to own and possess firearms was not restored with the dismissals.

 

[FlyingRon]

If all he had was the marijuana possession, your post would have been relevant. The problem is that his felony weapons violation wasn't reduced to a misdemeanor, but dismissed via 1204.3 and THAT does not restore California gun rights and hence he is barred in both California and federally from possessing a weapon.

 

[quincy]

If all he had was the marijuana possession, your post would have been relevant. The problem is that his felony weapons violation wasn't reduced to a misdemeanor, but dismissed via 1204.3 and THAT does not restore California gun rights and hence he is barred in both California and federally from possessing a weapon.

Here is a link to California Penal Code section 1203.4:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=1203.4

I think I must skipped over or ignored 1203.4 when I read the original post, probably because I knew what my advice was going to be.

My advice remains the same - Oregrown should seek advice from an attorney in his area - but I thank you for pointing out my apparent oversight.