Legal question...Felon in possession...

Airsoft safety discussion. Post here with questions about laws and safety concerns.

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

Postby Matt » Fri Feb 26, 2010 12:36 pm

Pope_Alex_Kaeda_I wrote:rather than trusting the barracks lawyers, and pud-pullers here, your "buddys" might want to consult a real lawyer. Sure, might get some good info here, but the signal to noise ratio is going to be alot skewed, and when you're considering your freedom . . . . . . Id rather talk to someone thats passed the bar exam, than someone that passed a bar on their way to an exam.


Agree 100%. Get some legal advice. Asking here is just going to stir the hornet's nest of wannabee police officers. The funny thing is, the guys who are actually cops would probably give you the same advice, seek some real legal advice.
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Postby MuGGzy » Fri Feb 26, 2010 1:12 pm

lol wow, whole lot of presumptions and opinions goin' on. I was simply asking because I was asked by someone that wasn't Internet savvy.
Hell the ogres I used to do cage fighting with were a little more open minded than some of the responders here, bravo.

FWIW, I actually got transfered 6 times until I got "The Lt on Duty" and he said if any of his officers come across a "Airsoft" gun they don't treat it as anything but what it is. He made sure to specify that there are a whole lot of other ways to get in trouble, like shooting at people or brandishing in public etc, just generally anything that most of us would consider "Ass-Hattery" anyways.
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Postby chapped » Fri Feb 26, 2010 1:15 pm

MuGGzy wrote:lol wow, whole lot of presumptions and opinions goin' on. I was simply asking because I was asked by someone that wasn't Internet savvy.
Hell the ogres I used to do cage fighting with were a little more open minded than some of the responders here, bravo.


It's the internet, what did you expect?
You did get some sound advice amidst the BS; Seek professional legal counsel.
When you are talking jail time you don't cut corners with legal questions.
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Postby MuGGzy » Fri Feb 26, 2010 1:17 pm

chapped wrote:It's the internet, what did you expect?
You did get some sound advice amidst the BS.


Touche. Point taken.
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Postby ogrejager » Fri Feb 26, 2010 1:21 pm

MuGGzy wrote:Hell the ogres I used to do cage fighting with .


Sweet! Point me in the right direction! I'll go get some bait and we'll try ogre huntin' this weekend. The trick is to catch the bait when she doesn't have her cell phone with her, or the coed'll call the cops on ya.
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Postby MuGGzy » Fri Feb 26, 2010 1:30 pm

Well, according to "The Boss" at the PDX ATF office, Airsoft guns are NOT considered "firearms" by the Fed Gov and no federal or state agency would be able to, or likely attempt, to pursue any charges against anyone using or possessing one for recreational purposes.
He then went on to elaborate that specifically the process of a chemical explosion of any sort to propel a projectile is the key differentiation.

The FBI agent at the field office in PDX said the same thing but referred me to the ATF to "be extra sure".

So there we go...
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Postby C-Hammer » Fri Feb 26, 2010 1:32 pm

Now you know,
and knowing is half the battle!
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Postby Bad Karma » Fri Feb 26, 2010 1:43 pm

WarPig31B wrote: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.


There are a lot of non-violent crimes that classify as a felony. The purpose of our criminal justice system is not to punish, it is to rehabilitate whenever possible. If a convicted felon goes to prison, and serves their sentence without incident, then they should be released as a free citizen, granted the same legal rights and privilages as any other person. Perhaps there should be exceptions to this rule; caveats for things like repeat offenders, felons charged with violent crime or sexual assault, whatever. But do you honestly think it's fair that someone who was caught in, say, 1967 with half an ounce of weed should never be extended the right to bear arms again? That's pretty bleeding ignorant.
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Postby Pharaoh 2-6 (House) » Fri Feb 26, 2010 3:38 pm

Bad Karma wrote:
WarPig31B wrote: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.


There are a lot of non-violent crimes that classify as a felony. The purpose of our criminal justice system is not to punish, it is to rehabilitate whenever possible. If a convicted felon goes to prison, and serves their sentence without incident, then they should be released as a free citizen, granted the same legal rights and privilages as any other person. Perhaps there should be exceptions to this rule; caveats for things like repeat offenders, felons charged with violent crime or sexual assault, whatever. But do you honestly think it's fair that someone who was caught in, say, 1967 with half an ounce of weed should never be extended the right to bear arms again? That's pretty f***ing ignorant.


Well keep that revolving door going, that shits getting me paid. Honestly...If you get popped doing a felony, its still a felony at the end of the day. I might be pretty bleeding ignorant, but I dont have any felonies.
And wtf else do you expect me to say im a goddamned Military Police Officer
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Postby MuGGzy » Fri Feb 26, 2010 3:46 pm

didn't intend for this to be a discussion on the merit of our legal or correctional system. Nore for personal insults to start flying.
If you shazaam up, you deserve to take your punishment like a man, period. If the system is working as intended, you are then "reformed" and within reason "should" have your rights returned once you prove you can handle yourself like a respectable adult IMHO.

We are all human and even cops and soldiers shazaam up now and then but the benefit of having both far outweigh the risk of allowing "bad apples" in either of those field.
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Postby ogrejager » Fri Feb 26, 2010 4:18 pm

WarPig31B wrote:. I might be pretty f***ing ignorant, but I dont have any felonies.


Right. You were never arrested and convicted of a felony.

If you've never committed something that would have been a felony if you'd been caught--well, then you're a better person than most of us. The last self-report survey I saw seemed to indicate that approximately 85% of the US population has, at one time in their life, committed a felony.

You're still ignorant, but are you any different from the guy who--one flippin' time--happened to trespass into the wrong place at the wrong time? And, yes, in the right circumstances (as I'm sure you know) trespassing can end up a felony. At least here in Oregon.

Really, it can--I give you one example. A deer hunter is wandering around on Wayerhauser property which he has legal access to. He accidently ends up on private land (hey, there were no signs or anything). He's now committing criminal trespass, and because he's carrying a firearm, it can be charged as a felony. The dude is a felon because he got lost in the woods.

20 years later, you don't think he should play airsoft? :?
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Postby KA-BAR » Fri Feb 26, 2010 6:04 pm

just to put this all into contrast.

this community BANNED billdozer for commiting a misdomeaner crime.

charged with criminal mischief for fireing his airsoft replica near or over a freeway.


think about that for a minute then continue with this convo.
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Postby lilwil » Fri Feb 26, 2010 6:20 pm

MuGGzy wrote:Well, according to "The Boss" at the PDX ATF office, Airsoft guns are NOT considered "firearms" by the Fed Gov and no federal or state agency would be able to, or likely attempt, to pursue any charges against anyone using or possessing one for recreational purposes.
He then went on to elaborate that specifically the process of a chemical explosion of any sort to propel a projectile is the key differentiation.

The FBI agent at the field office in PDX said the same thing but referred me to the ATF to "be extra sure".

So there we go...


"the boss" is wrong. not trying to be a tool, I am just saying it how it is, it is a firearm. are most cops gonna treat it like a firearm? no, but are you gonna risk your future, or your friends future, for a hobby? get a lawyer, and have him get something in writing. dont go and get something in writing yourself, make sure a lawyer gets it, so he knows the lingo and what not.
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Postby ogrejager » Fri Feb 26, 2010 6:40 pm

lilwil wrote:"the boss" is wrong. not trying to be a tool, I am just saying it how it is, it is a firearm. are most cops gonna treat it like a firearm? no, but are you gonna risk your future, or your friends future, for a hobby? get a lawyer, and have him get something in writing. dont go and get something in writing yourself, make sure a lawyer gets it, so he knows the lingo and what not.


And why are you "the source"? Why does what you say have more credibility than the ATF officer in charge for Portland? Or than the exact wording of the Oregon Revised Statutes? Do, please, post your credentials.

Kabar, a recent misdemeanor (note the spelling, btw) that involves an airsoft replica is--at least in terms of this forum--probably more important than an unrelated felony years ago. If I'm wrong on that, Matt, feel free to ban me, too. I'm not a felon, but I do believe that there should be a time when we let enough be enough.
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Postby BoogeyMan » Fri Feb 26, 2010 7:06 pm

My .02 .... By law, cops cannot give legal advice. I will, however, advise anyone to be careful about information you're getting from ATF, FBI, and other federal agencies. Federal agencies operate under a different set of laws than we do here in Oregon. Federal laws can be quite broad and here in Oregon the Revised Statutes can be even more strict than a Federal Title. Your local district attorney's office or even a blood sucking defense lawyer would be your best resource. Not cops or their "bosses".
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