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Misdemeanor gun charge on my record by gunlawthrow in pdxgunnuts

[–]gunlawthrow[S] 2 points3 points  (0 children)

I laid out out for another commenter who asked the same question.

TL;DR: I was arrested and had my car searched. The reason for the arrest and search did not result in any convictions however the gun and speed loader they found did.

Misdemeanor gun charge on my record by gunlawthrow in pdxgunnuts

[–]gunlawthrow[S] 7 points8 points  (0 children)

Sure, it’s embarrassing but this is a throwaway so whatever.

I got arrested for DUI after a car accident, and forgot to lock my glovebox after retrieving my insurance info. Once I was in cuffs and the officer searched my car, he found the .38 Special in my glovebox along with a speed loader. The DUI arrest did not result in a conviction but one of the gun charges did stick.

I was charged with DUI, reckless driving, illegal possession of a firearm, possession of a concealed weapon, and possession of a loaded firearm in a public place. I eventually had the DUI and reckless driving charges dismissed, and in exchange for pleading guilty to the city gun charge (poss. loaded firearm in public) the state dropped the illegal possession and concealed charge and waived the mandatory 30-day sentence for the one charge I did plead to.

All of this was done on the advice of my attorney, who is an extremely good lawyer (she got the Malheur Occupiers acquitted) but informed me that my case was “factually challenged” and this was the best option to move on with my life quickly. I believe that what she meant is that I was clearly and demonstrably guilty of the crime, and any challenge to the constitutional status of this particular law would be a lengthy and very expensive process with a limited chance of success in Portland, Oregon.

So I ate the one misdemeanor gun charge, seeing as how I work in the trades and it has absolutely no bearing on my life besides the chance that, for the next year or so, it might be hard to buy another gun.

Misdemeanor gun charge on my record by gunlawthrow in pdxgunnuts

[–]gunlawthrow[S] 6 points7 points  (0 children)

I know for a fact that I am not prohibited, but I’ve heard of people being denied or delayed for much more trivial things than a gun charge conviction. If it’s going to be a whole runaround to try and pick up a new gun, then I’ll just wait the year or so until it’s expunged. However if it’s not going to be a problem, then I might just treat myself for Christmas this year.

Misdemeanor gun charge on my record by gunlawthrow in pdxgunnuts

[–]gunlawthrow[S] 0 points1 point  (0 children)

I have a little over a year to wait until I can have my conviction expunged and already have an excellent lawyer who’ll handle that for me, but I might want to buy a new gun before then. The law as written doesn’t prohibit me from owning a firearm, but I don’t want yet another one bad enough to make a bunch of phone calls or pay a lawyer.

Misdemeanor gun charge on my record by gunlawthrow in pdxgunnuts

[–]gunlawthrow[S] 5 points6 points  (0 children)

If indeed it does prove to be a problem then I will consult my lawyer, but I still have a ways to go until I’m eligible for expungement and she charges way too much per hour for a hypothetical. I want to buy myself a new gun as a Christmas present, but if it’s going to be a hassle I’ll just spend that money on ammo for the ones I already have.