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Can you lose your Oregon Concealed Handgun License (CHL) while in the DUII Diversion program?  The short answer is; it depends.

Oregon Law requires that the Sheriff revoke a CHL of anyone that is on ‘Pretrial Release’.  That’s the agreement anyone charged with a DUII makes with the court to keep you out of jail pending the resolution of your case.  The Sheriff however has to take some affirmative action as the CHL does not just automatically become void.  While the case is pending, the sheriff may send a certified letter to a CHL holder (or just show up at your house) with the intent to revoke their CHL because they are on Pretrial Release.  You do have the right to appeal any revocation.

Some jurisdictions consider you on ‘pretrial release’ for the whole twelve months while you are in the Diversion program.  This interpretation is unique to a few counties, but by and large, once you have entered into the Diversion program you should be allowed to have your CHL back.  The reasoning behind this is simple, while in Diversion, you are not convicted, not on pretrial release, and there should be no other prohibition against your obtaining a CHL.

Ultimately once the Diversion is completed and the DUII is dismissed you can absolutely get your CHL back immediately.  You may have to go through the application process again.

If the DUII is based on consumption of a controlled substance other than alcohol, your CHL may also be revoked.  Oregon Law does not allow anyone convicted of a controlled substance offense, or having completed a Diversion for a controlled substance offense to have a CHL.  Any DUII that is alleged to have occurred with a controlled substance can have dire consequences to your gun rights.

For additional questions please contact my office