Can I purchase a firearm and get a conceal permit?

[Brian Fee]

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,

 

[JimTh]

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.

 

[mojoman]

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.

 

[Firefighterchen]

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.

 

[whodat2710]

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.)
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(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 (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,
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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.
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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

 

[nontechguy]

The simplest thing, if not the cheapest, is to consult a lawyer who deals with firearms related cases.

 

[Mitchell Tuckness]

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.

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,

 

[unioncreek]

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

 

[jcreek]

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.

 

[Firefighterchen]

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.

 

[tionico]

If you can purchase a firearm from an FFL lawfully with truthfully answering all the 4473 questions, you should be able to get your WA CPL. You did not state the penalty imposed for your minor fracas... so I can't compare to the restrictions in 18 USC, which stipulates "more than one year in jail". If you got less, you should be good to go. Now, if you go to an FFL and try to buy a gun, and answer all those questions truthfully, and are denied. you can't be charged with "lying"..... there could be some record that disables you, or the record could disable you without your knowing it.

You might also contact the court in Oregon and present a motion that the recird be set aside, discharged, erased, whatever.... since you've been a good boy for so long and basically pled to avoid the hassle of trial. One thing for future... you can, in many cases, enter a plea lf "no contest", which is NOT an admission of guilt, simply an acknowledgement that, if tried, the State is likely to present enough evidence to convict you. That is NOT the same as a "guilty" plea, and leaves your record tarnished but intact.

SO-- IF your rap gave you less than one year, go ahead and try to get your gun. If denied, begin the process to find out WHY, and how to fix it. It can most times be done. As to WA CPL, unless there is some local record that debars you, kept in Washington, if you can pass the NICS check you can pass the CPL check. WA is Shall Issue.

As to Oregon, yes, they are MAY ISSUE for non-residents. Columbia COunty is easy, and IS a "port of entry" from Washington via the Lewis and Clark Bridge in Longview-Rainier. All he wants is a note declaring WHY you want to apply in HIS county instead of some other. That's what I said.. it is a frequent point of entry into Oregon, as I have friends in Washington County (next south) and thus enter into Columbia. The one at the coast might also be friendly, I don't know. Both Multnomah and Clackamas can be dicey to negative.

I'd start with comparing what YOUR penalty was in light of the "one year" in 18 USC. If less than a year, go ahead and buy your gun. IF you can buy your gun, you should be able to get the CPL for WA. Next, take the silly "gun safety course" in Oregon, and apply for your non-res permit.... Columbia County seems one of the more lenient ones. Having your Oregon carry permit does an end run round most of the stupid city restrictions... most of which were grandfathered in when state preemption was passed. It used to be a real nightmare..... one city didn't care, the next would put you in the pokey for the same thing.. no way of knowing until it was too late. Or thought to check online whether Podunk Holler had some restrictive law......

 

[golddigger14s]

Might want to check on some WA specific sites:
seattleguns.net
waguns.org
Link Removed

 

[whodat2710]

The other thing you didn't mention was whether the "victim" of your crime would fall into the "domestic" category. If not, and there was no restraining order, then the length of sentence (even if you didn't serve it behind bars) would be the final piece of the puzzle. A one year suspended sentence is still a one year sentence.
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Like everyone else said, ask a lawyer. At the least look at the 4473 questions to see if it is worth consulting a lawyer. If you have a check in the wrong box, a lawyer will still take your money, but you probably won't like the answer.
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A question for everyone - Can you find out your NICS status without actually attempting to purchase a gun?
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Edited to add: I found that SLED (South Carolina LE Division) has a 1-800 number to call for "records checks and expungement questions" See if your state has the same, probably best to ask the approvers of your CC request rather than spend unrefundable cash on a failed attempt.