Such conviction shall not be deemed a conviction of a felony if: (a) The court declared the conviction to be a misdemeanor at the time of judgment; or. There may also be an issue with the search of your vehicle and he officers even contacting you/detaining you! Hadsell pleaded guilty on Nov. 6, 2015. § 922(g) or purchasing a firearm by § 39-17-1316; and (B) Is in lawful possession of the motor vehicle. State v. Gilbert, 99 Or App 116, 781 P2d 389 (1989), For purposes of this section, “convicted of a felony” means not only determination of guilt but also entry of judgment of conviction. Crimes Involving Health and Safety » Article 7. State ex rel Redden v. Davis, 288 Or 283, 604 P2d 879 (1980), Definition of firearm “capable of being concealed upon the person” in ORS 166.210 (Definitions) does not limit same term in this section since such definition states that it does “apply to and include” firearms with barrels less than 12 inches long. Possession of firearm or ammunition by certain persons prohibited, Relinquishment of firearm upon person becoming subject to certain court orders, Relinquishment of firearm upon conviction of certain offenses, Department of State Police criminal background checks for gun show firearm transfers, Entry of certain convictions related to possession of firearms or ammunition into Law Enforcement Data System and databases of National Crime Information Center, https://www.oregonlegislature.gov/bills_laws/ors/ors166.html, https://www.oregonlegislature.gov/bills_laws/ors/ano166.html. (2) 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 instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in ORS 165.540 (Obtaining contents of communications), or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon. for non-profit, educational, and government users. updates. Ammunition should follow these same rules as it is unlawful for a prohibited person to possess ammunition … State v. Beeman, 290 Or App 429, 417 P3d 541 (2018), Notwithstanding that suspended sentence resulting from defendant’s 1970 conviction of felony had become misdemeanor by virtue of defendant’s successful completion of probation, prior conviction was “conviction of a felony” for purposes of this section. (1) It is unlawful for a person to knowingly possess a firearm or ammunition if: (a) The person is the subject of a court order that: (A) (i) Was issued or continued after a hearing for which the person had actual notice and during the course of which the person had an opportunity to be heard; or. State v. Strong, 41 Or App 665, 598 P2d 1254 (1979), Enhanced sentence authorized and imposed pursuant to ORS 161.610 (Enhanced penalty for use of firearm during commission of felony), following conviction under this section, did not offend vindictive justice principles of Oregon Constitution Article I, Section 15. Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers. ... locks are easily bypassed and do little to keep the prohibited person from having a functioning firearm in their possession. State v. Guest, 103 Or App 594, 798 P2d 708 (1990), Sup Ct review denied, Indictment alleging that defendant possessed pistol sufficiently alleged that defendant possessed firearm capable of being concealed. Your felony marijuana possession may be a misdemeanor now by operation of law and proposition 64 there for you may not be a felon anymore. (C) The conviction has not been set aside or expunged, and the person has not been pardoned. Annotations. A. While there are some provisions under federal law that allow certain felons to have their gun rights restored, Congress has not declared this provision a law. State v. Larsen, 44 Or App 643, 606 P2d 1159 (1980), Sup Ct review denied, Where defendant was convicted of violating this section and sentenced to maximum one year term of imprisonment, he had not been accorded misdemeanor treatment under ORS 161.585 (Classification of certain crimes determined by punishment). (ii) Was issued, continued or remains in effect, by order or operation of law, after the person received notice of the opportunity to request a hearing in which to be heard on the order, and either requested a hearing but did not attend the hearing or withdrew the request before the hearing occurred, or did not request a hearing during the time period in which the opportunity was available; (B) Restrains the person from stalking, intimidating, molesting or menacing a family or household member of the person, a child of a family or household member of the person or a child of the person; and. State v. Rainoldi, 351 Or 486, 268 P3d 568 (2011), For purpose of determining when court declares felony conviction to be misdemeanor, “time of judgment” refers to time when original judgment of felony conviction is entered, not to time when judgment reducing that conviction to misdemeanor status is entered. Table of Contents » Title 18.2. (C) Includes a finding that the person represents a credible threat to the physical safety of a family or household member of the person, a child of a family or household member of the person or a child of the person; (b) The person has been convicted of a qualifying misdemeanor and, at the time of the offense, the person was: (A) A family or household member of the victim of the offense; or, (B) A parent or guardian of the victim of the offense; or. ORS. State v. Pritchard, 31 Or App 53, 569 P2d 690 (1977), Sup Ct review denied, Definition of “firearm” in ORS 164.055 (Theft in the first degree) (theft in first degree) is applicable under this section inasmuch as both crimes have closely related policy foundation, i.e., to deter obtaining of guns by those most likely to use them criminally. Possession of firearm or ammunition by certain persons prohibited. (2) Any person who has been convicted of a felony under the law of … 790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.— (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been: State v. Stark, 354 Or 1, 307 P3d 418 (2013), State v. Miller, 5 Or App 501, 484 P2d 1132 (1971), Sup Ct review denied, Join thousands of people who receive monthly site Section 166.255. Crimes and Offenses Generally » Chapter 7. (a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005 (Criminal homicide), or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has … 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. Under this statute, ammunition is defined as any projectile that, in its current state, might be expelled from a firearm by an explosive. 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