NOVEMBER 2025 – UPDATE
The day has likely come. Our lawsuits and all your efforts and calls have been rewarded. Lawyers for the Oregon State Police have confirmed that they are changing their positions and agree that an Oregon Set Aside (if done correctly) restores firearm rights. This is historic progress.
We believe based on credible statements inside OSP that the agency will no longer illegally deny firearm transactions for clients with expungements or set asides in Oregon. None of this has been provided to our team in writing, but due to our lawsuits that have prevailed and not been appealed we are confident we are making progress.
Please Note; this is early on in this process. We would hope that those with an extended Delay will turn into an Approval. We hope that is instant, but please be patient with our government. We also do not know the ramifications of this new policy under federal law, because this is all so new.
Some denials may still occur. This can occur if your set aside was done improperly or not completely under federal law. Oregon Gun Law can run state and federal checks and confirm that the process is completed correctly and records sealed.
Some delays may turn into approvals, but with the vast number of delays in the system, this will take many, many months.
The Bottom Line; All the hard work we have been fighting for is paying off. We won!
Should you Attempt a Purchase Right Now? We believe that if your Oregon set aside was done correctly, through a competent expungement lawyer, and removed under state and federal law you should be allowed to purchase. However, you should always consult with a lawyer before risking a possible criminal act of unlawfully purchasing. Many people who attempt this process alone do not do so correctly.
Our team will still assist in providing free consultations in working through the murky waters of firearm ownership.
Please stay tuned for additional updates.
AUGUST 1, 2025 GOOD NEWS – UPDATE
Great news! Yesterday the Marion County Circuit Court agreed, that an Oregon Set Aside restores firearm rights. In a long fought battle the Judge sided with Oregonians that a Set Aside restores all rights and responsibilities of a citizen. This is the decision we have been fighting for over the last year! This was the right decision.
In the Circuit Court the State Police continued to argue that individuals whom have had a set aside, cannot sit on a Jury (one of the necessary components of firearms ownership under federal law) within 15 years from the date they served a sentence, regardless of the set aside. The Judge struck this down.
The bad news, however, is that the Judge would not grant a declaratory judgment. That request of a declaratory judgment would have made a statement of law to affect everyone. Yesterday’s decision was not that. Put in simple terms, yesterday’s lawsuits only affected the parties that sued the state police. No one else. Unfortunately, that means that for everyone else who has received a set aside, they are likely left in the same position as they were before these lawsuits. They may still received delays or denials of firearm transfers.
The good news: OSP has started to concede this expungement issue to individuals with misdemeanor crime of domestic violence, and individuals who are 15 years past the end of supervision. So these suits moved marker a little bit, but its not fixed for everyone just yet.
What happens next; We would anticipate OSP appealing this ruling. If they do, the
arguments would go to the Oregon Court of Appeals and we hope, make law for all Oregonians. We are fighting for broad applicability of this law, but it’s not as simple as we would have hoped. The Oregon Court of Appeals generally takes 12-18 months to make decisions. So if/when this is appealed, it will still take a long time to fix this for everyone. We are making progress.
In the mean-time if you have received a delay or denial for a firearm purchase, call our office for a free consultation. We can help. We can petition to restore rights, and we are also likely to have our books open for more clients to sue OSP. We want to help with a free consultation to make this right for everyone.
NOVEMBER, 2024 UPDATE
In November, 2024 the Marion County Circuit Court ruled in a temporary hearing that OSP was wrong, and their actions improper. This was a positive step, but only for that plaintiff. Each case is currently on an individualized basis, but for right now, rest assured, OSP is wrong. We hope that this case will likely be appealed to the Oregon Court of Appeals and have a broader-reaching impact, but so far it has not been appealed.
Federal Lawsuits are also being drafted to be filed in the not-too-distant future. Stay tuned.
In Mid-2024, the Oregon State Police updated their ‘policy’ regarding firearm purchases following a case where a firearm-prohibitive record has been set aside or expunged. The new policy opines that under federal law, an Oregon Set Asides does not restore firearm rights. This is legally incorrect. OSP is ‘passing the buck’ onto the Federal Government and stating there has been a change in the law when there has not.
Put simply, if you had a Set Aside or Expungement completed years ago, you may not be eligible to purchase firearms now.
Although the Oregon State Police have interpreted this incorrectly, their stance will impact firearm purchases until the issue is resolved in the courts of Oregon. This change may not apply to everyone who has undergone an expungement, but most individuals who make purchases will have issues. This interpretation is retroactive, meaning even if you had a Set Aside completed decades ago, OSP will now work to unseal and re-open your set aside for gun rights purposes only. This will not affect you set aside in any other way.
If your purchase was denied or delayed despite being legally eligible to possess firearms, you may have grounds for legal recourse. Moreover, there are alternative approaches to address this policy in the interim. For instance, firearm rights restoration or felony reduction in certain instances can supersede the policy. At Oregon Gun Law, we advise people who have had firearm-prohibitive cases set aside to restore firearm rights. It’s beneficial to avoid having a firearm purchase denial on your record, so contact us before you attempt to purchase.
Although, legally speaking, you may not need a complete gun restoration to restore your rights, it will be the quickest and most assured way to obtain your gun rights back whilst this litigation is pending. We can help with this process, and most counties are doing this at a reduced rate
Most clients post-set aside have not had issues obtaining an Oregon CHL. If you receive a denial of an Oregon CHL pursuant to OSP’s new interpretation, please call our office immediately and we can appeal that denial. A
It’s important to remember that nothing in the law has changed here. This is only a change in the bureaucracy and it will be challenged in court by our office. We already have plaintiffs lined up! We anticipate having a resolution in the next 12-16 months (hopefully by the end of 2025). If this applies to you and you have not tried to buy a gun yet, we recommend waiting. If you’ve been turned down for a gun purchase recently, contact us and we can walk you through other legal options to restore gun rights in the interim.
Some individuals have been instructed by OSP to complete a Federal NICS Appeal to challenge these denials. DO NOT DO THIS The federal NICS Appeal will allow OSP to provide sealed data to the Federal Government assuring you will likely never be able to purchase a firearm again.
Check back to this blog to see updates and info about our lawsuits, but most important: DONATE TO OFF
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
