Can I purchase a firearm and get a conceal permit?
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Thread: Can I purchase a firearm and get a conceal permit?

  1. Can I purchase a firearm and get a conceal permit?

    I live in Washington State. I pled guilty in Oregon to ORS 166.065 Class B misdemeanor for physical harassment back in 2007 (victim felt threatened but no physical contact was made). I did not get an attorney and I just wanted to be done with it (my mistake). Does this disqualify me from legally owning/purchasing a pistol/rifle in Washington State? Also, will I be able to a conceal carry in Oregon and Washington?

    Thanks,

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  3. #2
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    You shouldn't be barred at the federal level unless you charge could have carried a 2 year sentence. If the charge was considered "domestic violence" then you will need a legal interpretation. If not DV then you should be free to buy a firearm. The 4473 form has a slew of questions. You can google BATFE form 4473 and see the questions you need to answer. If you cannot answer the questions don't do it. A false answer no matter how innocent could be a federal felony charge. Check your states statutes on Concealed permit to see if you are eligible. The rules should be simple enough to find on the internet. If you have any doubts pay a lawyer to check you out.

  4. Welcome from Lakewood, WA. I would maybe try it and see but for a Class B misdemeanor that will be tough for me anyway. Maybe some of the other member will chime in.

  5. #4
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    As far as the misdemeanor goes I don't know. If you want to conceal in Washington you will need to apply for a permit. If you want to conceal in Oregon you have to apply for a non resident permit in Oregon through a sheriff's department. Look online for which sheriff's tend to approve those. Washington and Oregon do not have reciprocity, so their permits do not work in each other's state.

    Open carry is protected throughout Washington by a preemption law, so if you are able to get a firearm you can open carry until you get your permit. You can't carry loaded in a vehicle though without a permit. So be careful.

    Oregon does not have preemption, so open carry is legal as long as the specific city does not restrict it.
    “One of the illusions of life is that the present hour is not the critical, decisive one.” – Ralph Waldo Emerson

  6. #5
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    Quote Originally Posted by JimTh View Post
    You shouldn't be barred at the federal level unless you charge could have carried a 2 year sentence. If the charge was considered "domestic violence" then you will need a legal interpretation. If not DV then you should be free to buy a firearm.
    Jim, I agree with reading the form, but federally it is actually a crime with a one year sentence. The specifics are in 18 USC 922(g) regarding "unauthorized persons" the full text is: (I bolded the stuff that may apply to OP since he knows the details.)
    -
    (g) It shall be unlawful for any person—
    (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

    (2) who is a fugitive from justice;

    (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

    (4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

    (5) who, being an alien—
    (A) is illegally or unlawfully in the United States; or

    (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));

    (6) who has been discharged from the Armed Forces under dishonorable conditions;

    (7) who, having been a citizen of the United States, has renounced his citizenship;

    (8) who is subject to a court order that—
    (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

    (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

    (C)
    (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

    (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

    (9) who has been convicted in any court of a misdemeanor crime of domestic violence,
    -
    to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
    -
    I anticipate this being scrunched up and hard to read, so here's a link 18 USC § 922 - Unlawful acts | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute
    Chief

  7. #6
    The simplest thing, if not the cheapest, is to consult a lawyer who deals with firearms related cases.
    "Beware the fury of a patient man." --John Dryden,
    British poet, critic and playwright

  8. #7
    Domestic Violence is the one NO NO. I don't know every states laws, but they are often close and often have one thing in common, anything considered domestic violence, misdemeanor or felon, doesn't matter. It shows a tendency to quick violence and that DOES NOT go well with firearms.

    You can always call and email the states Department of Public Safety or whoever grants the CCL's (DPS in NM and Department of Agriculture in Florida) and ask them, both by email and phone because you will get two different answers probably.



    Quote Originally Posted by Brian Fee View Post
    I live in Washington State. I pled guilty in Oregon to ORS 166.065 Class B misdemeanor for physical harassment back in 2007 (victim felt threatened but no physical contact was made). I did not get an attorney and I just wanted to be done with it (my mistake). Does this disqualify me from legally owning/purchasing a pistol/rifle in Washington State? Also, will I be able to a conceal carry in Oregon and Washington?

    Thanks,

  9. #8
    Contact your local LEO and ask them, they will be able to give you an idea if you can get a permit. If they won't/can't answer a lawyer is the next option.

    Bob

  10. #9
    Quote Originally Posted by Firefighterchen View Post
    Oregon does not have preemption, so open carry is legal as long as the specific city does not restrict it.
    Not entirely correct. Technically speaking Oregon DOES have a preemption statute. ORS 166.170.

    § 166.170¹
    State preemption
    (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.
    (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]

    With that said, with the amount of exceptions written into the law, it is convoluted to say the least and completely useless to say the most.

    For example:

    § 166.171¹
    Authority of county to regulate discharge of firearms

    § 166.172¹
    Authority of city to regulate discharge of firearms

    § 166.173¹
    Authority of city or county to regulate possession of loaded firearms in public places

    § 166.174¹
    Authority of city, county, municipal corporation or district to regulate possession or sale of firearms

    § 166.175¹
    Authority of city to regulate purchase of used firearms

    § 166.176¹
    Exception to preemption for certain county ordinances

    Sorry, if I knew how to link all those and make it look pretty I would.

  11. #10
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    Quote Originally Posted by jcreek View Post
    Not entirely correct. Technically speaking Oregon DOES have a preemption statute. ORS 166.170.

    § 166.170¹
    State preemption
    (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.
    (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 §1]

    With that said, with the amount of exceptions written into the law, it is convoluted to say the least and completely useless to say the most.

    For example:

    § 166.171¹
    Authority of county to regulate discharge of firearms

    § 166.172¹
    Authority of city to regulate discharge of firearms

    § 166.173¹
    Authority of city or county to regulate possession of loaded firearms in public places

    § 166.174¹
    Authority of city, county, municipal corporation or district to regulate possession or sale of firearms

    § 166.175¹
    Authority of city to regulate purchase of used firearms

    § 166.176¹
    Exception to preemption for certain county ordinances

    Sorry, if I knew how to link all those and make it look pretty I would.
    Good info, I did not know that. Geez, there is preemption but then there are so many exceptions preemption holds no power.

    So yeah...Oregon has preemption...but not really.
    “One of the illusions of life is that the present hour is not the critical, decisive one.” – Ralph Waldo Emerson

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