Posted: 9/18/2007 8:58:04 AM EDT
| i was told that if you have a DUI that you could not get a CHL. is this true and if so can you own NFA items? |
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A DUI is a class A misdemeanor, however ORS183.010 has: (5) Driving while under the influence of intoxicants is a Class C felony if the defendant has been convicted of driving while under the influence of intoxicants in violation of this section or its statutory counterpart in another jurisdiction at least three times in the 10 years prior to the date of the current offense and the current offense was committed in a motor vehicle. For purposes of this subsection, a prior conviction for boating while under the influence of intoxicants in violation of ORS 830.325 or its statutory counterpart in another jurisdiction, or for prohibited operation of an aircraft in violation of ORS 837.080 (1)(a) or its statutory counterpart in another jurisdiction, shall be considered a prior conviction of driving while under the influence of intoxicants. There is a little section after that: 813.012 Crime classification for purposes of rules of Oregon Criminal Justice Commission. (1) The Oregon Criminal Justice Commission shall classify a violation of ORS 813.010 that is a felony as crime category 6 of the rules of the Oregon Criminal Justice Commission. (2) In determining criminal history for a person convicted of a felony that has operation of a motor vehicle as an element, or of a felony that involved death, injury or property damage caused by the use of a motor vehicle, the commission shall: (a) Consider two prior convictions of misdemeanor driving while under the influence of intoxicants to be equivalent to one conviction of felony driving while under the influence of intoxicants; and (b) Consider felony driving while under the influence of intoxicants to be a person felony and consider misdemeanor driving while under the influence of intoxicants to be a person Class A misdemeanor. [1999 c.1049 ยง3] Which might impact repeat offenders who are not technically felons, but have two misdemeanors that "count" as felonies. I'm not entirely sure, but that would explain having to wait until one is outside the 10-year time-frame. |
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You can't get a CHL for 3 or 4 years after a conviction. If you get diversion, you are considered to be on "pre trial release" until you complete diverson. Diversion takes at least a year to complete. Even if you finish the classes before that, you have to abstain from alchohol for a year after the judge sends you to diversion. Durring that year if you get into more trouble the court can throw you out of diversion and you get a conviction. While on "pre trial release" you can't get a CHL. After the year is up and you have been a good boy it shouldn't be a problem. If you got convicted of DUII you need to get a section L exclusion before you can buy firearms, the only way to get that is to ask a judge niceley. Got any questions IM me. |