Legal question...Felon in possession...

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Legal question...Felon in possession...

Postby MuGGzy » Fri Feb 26, 2010 9:00 am

Portland: Portland City Code 14a.10.010(I) defines a firearm as follows:

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Re: Legal question...Felon in possession...

Postby Pope_Alex_Kaeda_I » Fri Feb 26, 2010 9:06 am

[quote="MuGGzy"]Portland: Portland City Code 14a.10.010(I) defines a firearm as follows:

â€
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Postby DJ » Fri Feb 26, 2010 9:10 am

Portland city code defines firearms differently than Oregon revised statutes. Be careful.
Depending on what the offense committed was, and when it happened, there may be some relief from this. The best advice that I can give you is for them to seek competent legal advice from an attorney. ( regarding legal advice....get it in writing. If it is not written down, it did not happen) A trip to the DA's office may yield results. Good luck with this......don't get any on you.
Last edited by DJ on Fri Feb 26, 2010 11:47 am, edited 1 time in total.
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Postby ogrejager » Fri Feb 26, 2010 9:48 am

DJ wrote: A trip to the DA's office may yield results. Good luck with this......don't get any on you.


This. As a CJ instructor, I seem to regularly get students coming to me with, "What about this" questions. I've had good luck either calling myself or referring my students' to the DA's office.
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Postby lilwil » Fri Feb 26, 2010 9:51 am

My roommate said do not risk it. while most cops will not bust you for this, they technically can, and it only takes one cop having a bad day to ruin yours. He just took his bar on tuesday, so hes not a lawyer yet, but the dudes pretty competent.
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Postby KA-BAR » Fri Feb 26, 2010 10:11 am

Muggzy wrote:I have a couple buddies that are interested in getting in to this but they may or may not have some "questionable decisions" in their past. They have asked me if playing this will put them at risk of prosecution for "Felon in possession of a firearm"? By the letter of FEDERAL law, a felon can get a mandatory 5 yr min for possessing a single live bullet or shotgun shell.
When I read the above legal wording it made me question what my basic assumption was, that being that "these are toys, you will be fine".

Any comments or experiences here??


i didnt even read the content to know the answer.


if you are a felon, and you have a realistic looking weapon, regardless of intention to go play, expect to get reamed by your PO and by the local athorities.

all they care about is that you have proiors on your record and have what appears to be a weapon.

all they will care about is did you commit a crime, and do you now have in your possession something that can be used ( regardless of real or fake) something that can be construed as a weapon, and therefore will come down like a shit ton of bricks. now if thier crime involved a weapon, they are extra upsidedown.

Portland: Portland City Code 14a.10.010(I) defines a firearm as follows:

â€
Last edited by KA-BAR on Fri Feb 26, 2010 11:28 am, edited 4 times in total.
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Postby Pharaoh 2-6 (House) » Fri Feb 26, 2010 10:14 am

I can tell you this the DoD's stance on Airsoft is that its classified as a firearm as well and that definition you posted is damn near word for how the DoD has it.

End state sucks to be a felon.
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Postby MuGGzy » Fri Feb 26, 2010 10:14 am

Well per the Wash Co Sheriff's Office...

Oregon does not classify Airsoft Replicas as "Firearms" nor does Wash Co. Although some cities may have specific ordinances restricting the use of them in city limits or using specific types of land or buildings to play with them.


Sounds like they are in the clear. ;)
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Postby KA-BAR » Fri Feb 26, 2010 10:20 am

just to inform you...there are LEO and other athourities, that moniter these boards, and will be present at most every event.


i would suggest leaving your felon friends at home, you can have your backyard war with them.

it would suck to have to interupt gameplay, because someone is in the process of getting arrested.


why would you even put your self at risk.

event promoters i know are not willing to take the risk of having a felon at thier events, so another suggestion is do not show up with said friends to a BSG event.


i hope things work out for ya, have a great day.
Last edited by KA-BAR on Fri Feb 26, 2010 10:53 am, edited 1 time in total.
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Postby lilwil » Fri Feb 26, 2010 10:22 am

they are not, and I would not listen to a secretary from a sheriff's office when they are obviously wrong, but I guess the real question is are your willing to stake your future on it? I am going to guess yes, since your decision was made before you posted this. In case you get busted you can just go to the judge and say, look I asked! I didnt know! or w/e your gonna do, because your obviously not actually asking for an answer you dont want. This is the wrong place to look for justification, as not so many sheep here that will tell you what you want to hear just to get more people on the field.
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Postby KA-BAR » Fri Feb 26, 2010 10:27 am

threads like this are admissable in a court of law that will show form of intent.

JFYI
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Postby Deliverator » Fri Feb 26, 2010 10:48 am

Also, ignorance is no excuse for disobeying a law. It is your responsibility as a citizen to make sure that you are breaking no laws.
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Postby ogrejager » Fri Feb 26, 2010 11:40 am

First, ORS states (emphasis added):
[quote]
166.210 Definitions. As used in ORS 166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470:

(1) “Antique firearmâ€
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Postby KA-BAR » Fri Feb 26, 2010 12:08 pm

hey i can agree with that. i am not that disagreeable.

so if you trafficed drugs in the 60's and paid your debt, you can have a gun...

but if you robbed a bank with guns..... well dont play airsoft.
Last edited by KA-BAR on Fri Feb 26, 2010 12:11 pm, edited 1 time in total.
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Postby Pharaoh 2-6 (House) » Fri Feb 26, 2010 12:10 pm

ogrejager wrote: I do think, though, that your comments show a very closeminded attitude towards felons--many who have put early mistakes past them and are contributing members of society today.



Inside I'm crying about felons losing rights. no seriously I'm not, they did the crime, at a young age or not....while SOME might be productive members of society, I think they did what the did, got they're hot dog slapped by the man, and now they are living under scrutiny for it. Sucks to be them, 2 more strikes and they win at the game of life. Martha Stewart might be a contributing member of society, but she's still a criminal that used her fame and fortune to damn near skate out.
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