Legal question...Felon in possession...

[Raging Hormann]

Just a question here, but how does it work when a county law interferes with Federal law? What about a City's law?

Do Federal Agents work off of county law? Do County agents work off of City law? And can City agents enforce City Law over Federal Law? etc. etc.

I see this as a problem of local law. IIRC, Portland has different laws than Salem, which has different laws than Corvallis, etc.
If Portland says that you cannot have an airgun, and Salem says you can, and Federal law doesn't give a shit, then what do you go off of?

These are of course questions that would be best answered by lawyers...

[Steve]

Just a question here, but how does it work when a county law interferes with Federal law? What about a City's law?

Do Federal Agents work off of county law? Do County agents work off of City law? And can City agents enforce City Law over Federal Law? etc. etc.

I see this as a problem of local law. IIRC, Portland has different laws than Salem, which has different laws than Corvallis, etc.
If Portland says that you cannot have an airgun, and Salem says you can, and Federal law doesn't give a shit, then what do you go off of?

These are of course questions that would be best answered by lawyers...

Short answer? It depends. Different rights are upheld by different organizations depending on pre-emption statutes, reserved rights, and all sorts of things. Best advice? Seek council about specific questions. From somebdy competent, I mean. I.e., not me.

[McNair]

My brother is a felon because he defended himself when some guy hit him. The guy who hit him lost the fight that happened as a result. My brother did around 6 years under measure 11.
This could happen to any of us.
Some of you are just as fuckin ignorant and close-minded as those you complain about. You sound like an anti-gun person.

[lilwil]

"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.[/quote

the definition has been quoted several times in other threads, just use your search function.

[DJ]

Just a question here, but how does it work when a county law interferes with Federal law? What about a City's law?

Do Federal Agents work off of county law? Do County agents work off of City law? And can City agents enforce City Law over Federal Law? etc. etc.

I see this as a problem of local law. IIRC, Portland has different laws than Salem, which has different laws than Corvallis, etc.
If Portland says that you cannot have an airgun, and Salem says you can, and Federal law doesn't give a shit, then what do you go off of?

These are of course questions that would be best answered by lawyers...

Short answer? It depends. Different rights are upheld by different organizations depending on pre-emption statutes, reserved rights, and all sorts of things. Best advice? Seek council about specific questions. From somebdy competent, I mean. I.e., not me.

Generally federal law rules. It depends on if the federal prosecutor wants to mess with it. As an example, on drug issues the feds generally did not want to mess with it unless it was pounds of product.....big fish. State comes next and that is prosecuted at the county level. That depends on what the DA wants to prosecute. Possession of meth in Marion county was a catch and release for the first couple of catches. Now we get to city stuff. Prosecuted by the city atty. Many cities have much tougher laws than the state. IE Salem has a law that it is a misdemeanor to lie to a cop about anything. So you have a jumble of laws sometimes conflicting. Know where you are and what the rules are in that locale. Fiscal, political and sometimes just being onery decides what will be prosecuted and what does not. Confusing? maddening? unfair? probably so. Know what and who you vote into power. There is always the issue of preemption. It keeps the appellate courts busy and lawyers employed$$$

[Rogue Reaper]

Edited because I "could" be wrong

My brother is a felon because he defended himself when some guy hit him. The guy who hit him lost the fight that happened as a result. My brother did around 6 years under measure 11.
This could happen to any of us.

NoNo it couldn't happen to Any of us, someone hits me I am hitting them back not using a deadly weapon on them...Unless of course they want to esculate it. I have been in a few fights that if the other guy would have known there was a 1911 under my jacket he might have thought differently, but even after the altercation he wasn't aware it was there.


163.175 Assault in the second degree. (1) A person commits the crime of assault in the second degree if the person:

(a) Intentionally or knowingly causes serious physical injury to another;

(b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or

(c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

(2) Assault in the second degree is a Class B felony. [1971 c.743 §93; 1975 c.626 §1; 1977 c.297 §2; 2005 c.22 §110]

[Raging Hormann]

Edited based on above edit.

Looks like it would be Assault II.

[Rogue Reaper]

Mesure 11 crimes


Murder
Attempted Murder
Attempted Aggravated Murder
Assault I
Manslaughter I
Kidnapping I
Assault II
Manslaughter II
Kidnapping II
Rape I Sodomy I
Sexual Penetration I
Rape II Sodomy II
Sexual Penetration II
Robbery I
Robbery II
Sexual Abuse I
Arson I
Compelling Prostitution
Use of Child in Display of Sex Act


Crime Minimum sentence
Murder 25 years
1st degree Manslaughter 10 years
2nd degree Manslaughter 6 years, 3 months
1st degree Assault 7 years, 6 months
2nd degree Assault 5 years, 10 months
1st degree Kidnapping 7 years, 6 months
2nd degree Kidnapping 5 years, 10 months
1st degree Rape 8 years, 4 months
2nd degree Rape 6 years, 3 months
1st degree Sodomy[4] 8 years, 4 months
2nd degree Sodomy[4] 6 years, 3 months
1st degree Unlawful sexual penetration 8 years, 4 months
2nd degree Unlawful sexual penetration 6 years, 3 months
1st degree Sexual abuse 6 years, 3 months
1st degree Robbery 7 years, 6 months
2nd degree Robbery 5 years, 10 months

[Matt]

This question was already answered. No need for an extended debate over it.