Is my son allowed to carry a gun for hunting if he is a convicted felon?
Full Question:
My son is 26, almost 27. When he was 19 he committed a burglary. He would like to be able to go hunting. His offense was a felony. Is he allowed to carry a gun in the field to hunt?
11/27/2007 |
Category: Courts |
State: Oregon |
#12937
Answer:
The following are Oregon statutes:
166.250 Unlawful possession of firearms.
(1) Except as otherwise provided in this section or ORS 166.260, 166.270,
166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the
crime of unlawful possession of a firearm if the person knowingly:
(a) Carries any firearm concealed upon the person;
(b) Possesses a handgun that is concealed and readily accessible to the
person within any vehicle; or
(c) Possesses a firearm and:
(A) Is under 18 years of age;
(B)(i) While a minor, was found to be within the jurisdiction of the
juvenile court for having committed an act which, if committed by an
adult, would constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470; and
(ii) Was discharged from the jurisdiction of the juvenile court within
four years prior to being charged under this section;
(C) Has been convicted of a felony or found guilty, except for insanity
under ORS 161.295, of a felony;
(D) Was committed to the Department of Human Services under ORS 426.130;
or
(E) Was found to be mentally ill and subject to an order under ORS
426.130 that the person be prohibited from purchasing or possessing a
firearm as a result of that mental illness.
(2) This section does not prohibit:
(a) A minor, who is not otherwise prohibited under subsection (1)(c) of
this section, from possessing a firearm:
(A) Other than a handgun, if the firearm was transferred to the minor
by the minor's parent or guardian or by another person with the consent
of the minor's parent or guardian; or
(B) Temporarily for hunting, target practice or any other lawful
purpose; or
(b) Any citizen of the United States over the age of 18 years who
resides in or is temporarily sojourning within this state, and who is not
within the excepted classes prescribed by ORS 166.270 and subsection (1)
of this section, from owning, possessing or keeping within the person's
place of residence or place of business any handgun, and no permit or
license to purchase, own, possess or keep any such firearm at the
person's place of residence or place of business is required of any such
citizen. As used in this subsection, "residence" includes a recreational
vessel or recreational vehicle while used, for whatever period of time,
as residential quarters.
(3) Firearms carried openly in belt holsters are not concealed within
the meaning of this section.
(4) Unlawful possession of a firearm is a Class A misdemeanor.
166.270 Possession of weapons by certain felons.
(1) Any person who has been convicted of a felony under the law of this
state or any other state, or who has been convicted of a felony under the
laws of the Government of the United States, who owns or has in the
person's possession or under the person's custody or control any firearm
commits the crime of felon in possession of a firearm.
(2) Any person who has been convicted of a felony under the law of this
state or any other state, or who has been convicted of a felony under the
laws of the Government of the United States, who owns or has in the
person's possession or under the person's custody or control any
instrument or weapon having a blade that projects or swings into position
by force of a spring or by centrifugal force or any blackjack,
slungshot, sandclub, sandbag, sap glove or metal knuckles, or who carries
a dirk, dagger or stiletto, commits the crime of felon in possession of a
restricted weapon.
(3) For the purposes of this section, a person "has been convicted of a
felony" if, at the time of conviction for an offense, that offense was a
felony under the law of the jurisdiction in which it was committed. Such
conviction shall not be deemed a conviction of a felony if:
(a) The court declared the conviction to be a misdemeanor at the time
of judgment; or
(b) The offense was possession of marijuana and the conviction was
prior to January 1, 1972.
(4) Subsection (1) of this section does not apply to any person who has
been:
(a) Convicted of only one felony under the law of this state or any
other state, or who has been convicted of only one felony under the laws
of the United States, which felony did not involve criminal homicide, as
defined in ORS 163.005, or the possession or use of a firearm or a weapon
having a blade that projects or swings into position by force of a spring
or by centrifugal force, and who has been discharged from imprisonment,
parole or probation for said offense for a period of 15 years prior to the
date of alleged violation of subsection (1) of this section; or
(b) Granted relief from the disability under 18 U.S.C. 925(c) or has
had the person's record expunged under the laws of this state or
equivalent laws of another jurisdiction.
(5) Felon in possession of a firearm is a Class C felony. Felon in
possession of a restricted weapon is a Class A misdemeanor.