Weapons, Guns, Firearms Felon in possession

[ToogyMcgee]

Jurisdiction

Oregon

My girlfriend recently revealed to me that she has two registered firearms in her father's possession who is a felon. I believe his felony charge was identity theft. I'm concerned if her father is caught in possession of these firearms she will be charged as an accessory. Just a concerned boyfriend looking at some reality of what could happen. Trying to get some "ammunition" to get her to take her firearms back. I 100% believe these would not be used in a crime. They are generally used for target practice. Thank you ahead of time for any answers.

 

[justblue]

Why is your girlfriend leaving the weapons in her fathers possession?

 

[Disabled Vet]

Oregon does not require firearms to be registered. So, what do you mean she has two firearms there that are registered? She is your girlfriend..... she left them with her father. Leave this issue alone as it is family. You're a boyfriend sticking his nose where it shouldn't be stuck.

 

[PayrollHRGuy]

Your GF could be charged with providing a firearm to a felon.

 

[army judge]

My girlfriend recently revealed to me that she has two registered firearms in her father's possession who is a felon.

People talk too damn much.

 

[Zigner]

People talk too damn much.

Yep, our OP is now a potential witness for the prosecution (if it comes to that).

 

[zddoodah]

Trying to get some "ammunition" to get her to take her firearms back.

And you think internet message board posts by anonymous strangers will be persuasive?

I seriously doubt any prosecutor would bother with filing "accessory" charges for a felon in possession. However, if your girlfriend is not smart enough to understand that having her firearms in the possession of her felon father is really stupid, then I doubt any sort of logic or reason will persuade her, and you might want to reconsider the relationship.

 

[Zigner]

However, if your girlfriend is not smart enough to understand that having her firearms in the possession of her felon father is really stupid, then I doubt any sort of logic or reason will persuade her, and you might want to reconsider the relationship.

Agreed - and just to add a small comment. If the weapons are seized from felon-father, then GF may never see them again.

 

[mightymoose]

How long ago was the conviction?
Firearms rights are restored after 15 years.

 

[adjusterjack]

Firearms rights are restored after 15 years.

Not automatically. There are conditions. See ORS 166.270 and 166.274.

Oregon Revised Statutes Chapter 166 (2019) - Offenses Against Public Order; Firearms and Other Weapons; Racketeering :: 2019 Oregon Revised Statutes :: US Codes and Statutes :: US Law :: Justia

And doesn't restore federal firearms rights.

 

[mightymoose]

Assuming the crime stated is the only conviction, if it has been more than 15 years there would be no offense for possession.

If less than 15 then there is certainly a possession offense, however I do not see a statute that would apply to the daughter in this scenario.

Federal limits would likely prevent the purchase of a firearm, but not simple possession as described here. Federal law (922g) would otherwise only apply if he left the state with the firearm.

 

[PayrollHRGuy]

Federal limits would likely prevent the purchase of a firearm, but not simple possession as described here. Federal law (922g) would otherwise only apply if he left the state with the firearm.

According to Section 922(g)(9), no one "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" may own or possess a gun. This rule covers all felonies, but does not apply to state misdemeanors that carry less than a two-year sentence. It also exempts several kinds of felonious white-collar crime, as well as felony convictions handed down in foreign countries

(9)
who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

So unless the gun(s) were made in Oregon and never left the state they can't be owned by a felon.

 

[mightymoose]

According to Section 922(g)(9), no one "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" may own or possess a gun. This rule covers all felonies, but does not apply to state misdemeanors that carry less than a two-year sentence. It also exempts several kinds of felonious white-collar crime, as well as felony convictions handed down in foreign countries

(9)
who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

So unless the gun(s) were made in Oregon and never left the state they can't be owned by a felon.

Correct, but it does not become federal jurisdiction until some kind of interstate activity takes place. Until then the state law applies. It wouldn't even be on the federal radar.

At least that is my understanding. We haven't heard an answer on the 15 years yet anyway.

 

[flyingron]

Sorry, Moose, since 1968 the feds have first jurisdiction over gun laws. 18 USC 922 applies.

However, the feds defer to the state as to whether gun rights are restored under past crimes, to if these were state charges, it matters what the state says.