Legal question (sex offenders, crimes, felony)

[aonghus]

Ok so i was convicted of attempted distrobution of marijuana, a class c felony of which this is my only conviction and is expungable in about a year.

I am intrested in the idea of firearm possesion.

I was told by an attourney today that expungment does not mean i get this right back, in fact from his understanding in the whole usa regardless of state law fedral law says no felon can ever possess a gun again.

Also he said that because i am a felon it would be illegal for me to even live with a person who posseses a gun.

My soon to be wife really wants a hand gun and this seems ridiculos.

I am wondering is this all true, is there no way for me(now 20 at the time 18) to even get a gun, not even to go hunting or at a shooting range.

Also its hard to imagine them punishing me for other people exercising their rights.

How is it that for the rest of my life I and my entire household cannot own a gun? dont get me wrong i understand rights being taken away from crimes, i am even for haveing to appear before a court system and prove you deserve the rights back, but how does an 18 year old making a dumb mistake constitue a lifetime of punishment when the mistake only hurt himself?

[fearnofish]

If your attorney can not answer those questions for you or look up the answers you need to find another attorney. I have heard of people being able to petition the court to get that privledge reinstated years down the road but it is a case by case basis.
They would not punish your soon to be wife if she had a gun they would just arrest you. It is like when you are/were on probation if you riding in a vehicle and someone has a firearm and you do not even know about it but the officer finds it guess what, you go to jail.
I am not saying I do not feel bad for you but this is just how it goes. All I can hope is you realized how stupid your past behavior was and will become a good memeber of society and show that to the court and they allow you own a firearm. In the mean time call up someone related the court who would know these answers and ask them because if you get your answer off this board and it turns out to be wrong you are the only one who is going to end up paying in the end.

[CMKM-Miller]

Although I am not an attorney, from my recollection in this area, once you have a felony conviction, the only way for you to once again be allowed to legally possess a firearm is to make a request through the Federal Bureau of Alcohol, Tobacco, and Firearms. Federal law supercedes any state law so even if you get an expungement at the state level, the feds will not acknowledge this.

[esya]

This is a matter governed by state and federal law, so I would start by asking the DA that convicted you--they usually have probation officers, etc. Since neither of you has purchased a gun, you are not in violation. If they don't know you can go tot the FBATF website and look for frequently asked questions. Do not assume any one attorney knows the law in all areas. If he was your defense lawyer, he is obligated to try and keep you out of trouble, and you should listen to him/her until you get a definite citation to a law or regulation otherwise.
Why would your wife want to do something that would put you at risk anyway?

[msanna]

You really need to call another attorney and they usually will chat for free about whether you can petition the court for your rights to be restored. The law is listed in Washington County (Oregon) Sheriff's Office Concealed Handgun License Unit (http://www.co.washington.or.us/sheriff/service/ccw_faq.htm#disqualify - broken link) and
www.leg.state.or.us/ors/166.html (ors chapter 166, in case url links aren't allowed/don't work here).

"What will disqualify me from obtaining a concealed handgun license?

Oregon law prohibits the issuance of a concealed handgun license to anyone: convicted of a felony or convicted of a misdemeanor within the last four years. Anyone that is the respondent of a current restraining order or stalking order. Federal law prohibits anyone who has ever been convicted of a domestic violence related crime, misdemeanor or felony, from possessing a firearm. Any with more than one drug related conviction. Registered Sex Offenders. If you nonetheless feel you are eligible for a license, return to this office appropriate documentation, dates and explanation of circumstances including court orders surrounding your circumstances for further consideration. Include this information with your application. Furthermore, you are not eligible for a concealed handgun license if you are not a U.S. citizen, unless you are a legal resident alien who can document continuous residency in the country for at least six months and have applied for citizenship. "


My source was the washington county concealed handgun unit by the way Hope this helps. I would ask another attorney as to whether your wife is banned from possession. However, I have to say if my husband was in trouble I wouldn't do anything to chance him making a dumb mistake and getting in trouble again. Hand gun is gonna be trouble for you. If she is scared for whatever reason and feels the need for a gun maybe she should take self defense and move to a safer area (away from people that make her feel intimidated).

Stay safe and make good choices Best of luck to you and your family