Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Shawn A Kollie
1 Answer | Asked in Criminal Law for Oregon on
Q: Is it crime for a convicted felon to own black powder/muzzle loaded firearms/Antique firearm in the state of oregon
Shawn A Kollie
Shawn A Kollie answered on Apr 27, 2020

No. A black powder or muzzle-loader is considered a 'firearm' under Oregon law. Unlike federal law, Oregon views these types of 'antique firearms' the same as any other firearm. They do not differentiate between these types of firearms. You would have to have your rights... Read more »

1 Answer | Asked in Criminal Law for Oregon on
Q: Can an attorney file papers for a Motion to Set Aside for you for free if they were the original attorney?

I had a friend who wanted a conviction off his record. I went with him to speak to an attorney I recommended. At one point the attorney told my friend he could go back to the original attorney that represented him on the case that resulted in the conviction and that attorney would do the Motion to... Read more »

Shawn A Kollie
Shawn A Kollie answered on Jan 6, 2020

It is almost never free to set aside cases. It can cost anywhere from $700-$800 for the attorneys fees. Its a fairly simplistic process. You do not have to, and most folks do not go back to the original attorney who handled the case.

1 Answer | Asked in Criminal Law for Oregon on
Q: I had a felony drug charge back in 1991 in Ca. I am a resident of Oregon, am I eligible to have my gun rights restored.
Shawn A Kollie
Shawn A Kollie answered on Dec 16, 2019

You may petition to restore your Oregon gun rights from Oregon. That allows you to have firearms under Oregon law, and obtain an Oregon Concealed Handgun License. It would not fully restore your federal rights, as the feds require restoration in the jurisdiction of conviction. So this would... Read more »

1 Answer | Asked in Civil Litigation for Oregon on
Q: Is it against the law to a record a conversation to prove one person is lying to another?

This is a roommate situation where 1 female roommate constantly manipulates everyone in the house and lies behind everyone's back. Is it illegal to record the manipulator so everyone else has a chance to hear the conversation? Conversation would never be used for court, would never be used to... Read more »

Shawn A Kollie
Shawn A Kollie answered on Sep 19, 2019

It is a crime to record a conversation without the other person's consent or knowledge. Do not record unless this person is advised that it is occuring.

1 Answer | Asked in DUI / DWI for Oregon on
Q: In Oregon, if I get a dui with a child in the vehicle do I receive a charge of child endangerment
Shawn A Kollie
Shawn A Kollie answered on Aug 16, 2019

You certainly can receive additional charges of Recklessly Endangering in a child is in the vehicle. It generally matters on how the driving was, and how impaired the driver was. Having a child in the car can also make someone ineligible for Diversion in Oregon which makes the punishment... Read more »

2 Answers | Asked in Criminal Law for Oregon on
Q: I payed to have my background checked while trying to purchase a handgun from a retail store. I read a question wrong.

I marked no instead of yes. I turned it in and was denied. And then I had two officers tell me that they could arrest me for a simple mistake. They say I committed a crime of false swearing. I think it's ridiculous that they gave me a ticket and now I have court. Is there any way of me be able... Read more »

Shawn A Kollie
Shawn A Kollie answered on Jul 5, 2019

This is a great question! The crime of 'false swearing' or 'attempted felon in possession of a firearm' could have both occurred in this factual scenario. It's important to speak with a knowledgeable gun rights lawyer about the possible ramifications of this type of crime... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Identity Theft for Oregon on
Q: If you get charged with 2 class c felonies in Oregon over 13 years ago can you get a Concealed weapons permit
Shawn A Kollie
Shawn A Kollie answered on Jun 27, 2019

You can only get a CHL under Oregon law if you have expunged those old felonies, or had a statutory restoration under ORS 166.274. Either of those options would restore your rights and allow you to obtain a CHL. Speak with a knowledgeable attorney about the process to get started.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.