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It appears that Oregon law grants an exception to its unlawful possession of firearms statute for persons convicted of a felony by reason of insanity. (See Section 166.250)
I’m not sure if it matters, but Wampler is a resident of California.
I’ve done some additional research on this issue.
Oregon has pioneered a unique approach to the so-called “insanity plea.” Rather than finding a defendant “not guilty by reason of insanity,” the Oregon statute stipulates the defendant is “guilty except for insanity.” The difference in wording is intended to help juries avoid the misconception that a finding of insanity will result in the defendant being set free. For purposes of determining a person’s Criminal History Scale, prior findings of Guilty Except for Insanity (GEI) are not considered [SUP][Link][/SUP]. Similarly, the grant of a GEI defense does not prompt other restrictions that are typically associated with a felony conviction, such as the eligibility to possess a firearm. GEI is essentially a “not guilty” verdict and correlates with the not guilty by reason of insanity plea that is used in the State of California.
A "crime of passion" is the category the "temporary insanity" claim falls under. The point is that there is logic to the law. And if I'm reading the material correctly, he wasn't found not guilty, he was found guilty but insane. If he'd been convicted in Oregon, that would mean instead of going to prison he would serve the same sentence, but at the state mental hospital.
Correct.
Persons found Guilty Except for Insanity fall under the jurisdiction of the Oregon Psychiatric Security Review Board and are generally confined to the Oregon State Hospital in Salem – often for the full term of the state’s jurisdiction in their case, which is specified by statute to be the maximum length of time that could result from a guilty verdict in their case.
The following link provides an excellent overview of the insanity defense as compared from the perspective of different legal jurisdictions.
The Insanity Defense: A Comparative Analysis (Neville, Kristin, "The Insanity Defense: A Comparative Analysis" (2010). Senior Honors Theses. Paper 244)
Other source links:
Oregon Laws; Entry of judgment of guilty except for insanity
Oregon Laws; Commitment or conditional release of person found guilty except for insanity of felony
Guilty Except for Insanity (Adults) (Oregon Psychiatric Security Review Board)
The high price of Oregon's insanity plea: Patients sent to the state mental hospital cost millions (The Oregonian; 2011)
Mental Health Association of Portland (Tag Archives: Guilty Except for Insanity)
Oregon Laws; Commitment or conditional release of person found guilty except for insanity of felony
Guilty Except for Insanity (Adults) (Oregon Psychiatric Security Review Board)
The high price of Oregon's insanity plea: Patients sent to the state mental hospital cost millions (The Oregonian; 2011)
Mental Health Association of Portland (Tag Archives: Guilty Except for Insanity)





















