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01.25.07 Domestic Violence Bill Could Ensnare Gun Owners.

On January 31st, the House Judiciary Committee will be hearing HB 2336, a copy of which can be viewed here.

The summary of the bill states “Prohibits, in any case involving domestic violence, setting aside conviction or setting aside record of arrest when dismissal is result of diversion.”

Persons who could no longer seek to have convictions set aside would be, according to the bill:
A person convicted of a crime involving domestic violence as defined in ORS 135.230. or
A person who, as part of a diversion agreement, has pleaded guilty to a crime involving domestic violence as defined in ORS 135.230 and has subsequently had the accusatory instrument pleading domestic violence dismissed as a result of fulfilling the diversion agreement.

ORS 135.230 defines “domestic violence” as ” abuse between family or household members” and defines “abuse” as:

(a) Attempting to cause or intentionally, knowingly or recklessly causing physical injury;
(b) Intentionally, knowingly or recklessly placing another in fear of imminent serious physical injury; or
(c) Committing sexual abuse in any degree as defined in ORS 163.415, 163.425 and 163.427.

While no one would downplay the seriousness of domestic violence, we believe that the definitions in the law are dangerously broad and could ensnare people for relatively mild transgressions.

OFF has heard from numerous people who were involved in minor incidents with family members, that in the past would never have involved the intervention of law enforcement.

Many chose to plead their cases simply to avoid costly and protracted legal proceedings. None of them knew that a domestic violence conviction comes with a LIFE LONG prohibition on firearms ownership. That of course, means an end to hunting with firearms for life.

If you, or someone you know, has been affected by a domestic violence issue, we urge you to read this bill and determine what impact it could have on the ability to seek to have a conviction set aside.