Oregon Gun Rights Restoration

How Our Gun Rights Restoration Lawyers Help

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Our attorneys will assist with preparing your Petition that is filed in the County you live in.  We will put the most pertinent information forward to the Court to emphasize how much life has changed for you.  We will assist you in obtaining letters of support from friends, family, co-workers, or loved ones.  All of the people who know you best will be the best suited for informing the Court why you should have your rights restored.  We will prepare you and all your witnesses to testify before the Court in a clear and convincing manner.  Because we have done this so many times, we know what works.   

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If you want some pointers on how to draft letters of support for one of our clients please; Click Here

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The process for the civil Oregon Gun Restoration is vested in ORS 166.274.  Oregon law has a few necessary prongs, and then a burden.  Folks are eligible for Restoration if they have:

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• Not been on supervision, or served a felony sentence in the last year

• Not been convicted of a person felony if that crime involved the use of a firearm or deadly weapon

• Not been convicted of a Crime enumerated under Measure 11 (ORS 137.700)

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Everyone else is eligible to have the Court review their legal status in firearm ownership.  

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Generally speaking the State of Conviction is the state that determines restoration.  This means if your conviction is from Oregon, only an Oregon court can restore your state and federal rights.  Any petition or restoration that was completed by another state has no effect in Oregon.  This is because Oregon does not have a reciprocity clause in our gun restoration statute.  If you are a resident of Oregon and have a prohibitive condition from Oregon or another state, you have to be restored here.  

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What Qualifies as Gun Rights Restoration in Oregon? 

 

In Oregon, gun rights restoration typically involves the following key steps: 

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● Eligibility Assessment: The individual must first determine if they are eligible for gun rights restoration. This usually depends on the nature of the conviction and the time that has passed since the conviction or completion of sentence. 

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● Legal Process: If eligible, the individual often needs to file a petition in the relevant court. This process may require legal documentation, including evidence of rehabilitation and character references. 

 

● Court Decision: A judge reviews the petition and makes a decision based on the individual's criminal history, the nature of the crime, and any evidence of rehabilitation. The judge has the discretion to approve or deny the petition. 

 

● Compliance with State and Federal Laws: Even if gun rights are restored at the state level, individuals must also ensure they are not disqualified under federal law, which might have different criteria for the restoration of gun rights. Each state has their own process and methods for restoring rights.

 

● Continuous Evaluation: In some cases, the restoration of rights may be contingent on ongoing requirements, such as staying free of criminal activity.

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 FELONIES DO NOT 'DROP OFF' YOUR RECORD 

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Sorry, but you have to actively do something to get a felony expunged from your record.  Many people read Oregon Law to incorrectly believing that after fifteen years they obtain their rights back.  This is unfortunately, incorrect.  When reading ORS 166.270 the law states; 
"This Section does not apply to any person who has been...  Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation..."

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ORS 166.250, however, does not have a time prohibition on the crime.  This put plainly means you cannot be charged 'felon in possession of a firearm' after that fifteen-year window but can still be charged with 'unlawful possession of a firearm' a misdemeanor crime. 

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There are many reasons to ask the Court to restore your rights to purchase and possess a firearm.  Talk with the best attorneys in Oregon about restoring your rights to purchase and possess firearms.  

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Who Qualifies For Gun Rights Restoration? 

 

Qualifying for gun rights restoration largely depends on the nature of the individual's criminal record and the specific laws of the jurisdiction. Generally, the following factors are considered: 

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1. Type of Conviction: Not all convictions are treated equally. Non-violent and less serious offenses are more likely to be eligible for rights restoration easily. This could include lower-level theft or public disorder offenses. In contrast, individuals with convictions for violent or serious felonies, particularly those involving firearms, may face more challenges in restoring their gun rights.  But the team at Oregon Gun Law can review your situation.

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2. Completion of Sentence: Typically, individuals must have fully completed their sentence, including any prison time, probation, or parole, and paid all fines or restitution, but some exceptions can be made.

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3. Waiting Period: Many jurisdictions require a waiting period after the completion of the sentence before rights can be restored. This period allows for the demonstration of good behavior and rehabilitation. 

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4. Expunged or Sealed Convictions: In some cases, if a crime is expunged or sealed from the individual's record, it can facilitate the restoration of gun rights. 

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Who Doesn’t Qualify? 

 

Certain types of crimes typically disqualify individuals from having their gun rights restored and are often ineligible for expungement. These usually include: 

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● Serious Violent Offenses: Crimes that involve significant violence, such as murder, manslaughter, or Measure 11 Offenses often lead to a permanent loss of gun rights, especially if a firearm or deadly weapon was used.  But it can be helpful to speak with a knowledgeable attorney about all options. 

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● Sexual Offenses: Convictions for serious sexual crimes, especially those involving children, generally cannot be expunged and result in a permanent firearms ban.  Those offenses require a Restoration of Rights under 166.274 to regain your rights, and sometimes require Relief From Reporting first. 

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● High-Level Drug Trafficking or Manufacturing: Major drug crimes, particularly those involving trafficking or manufacturing, might also preclude the possibility of expungement, but the team at Oregon Gun Law will review the situation to determine how to restore rights. 

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How to Know If My Gun Rights Have Been Restored in Oregon?

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If you've gone through a legal process to restore your rights, such as petitioning the court, it's important to obtain official documentation confirming the restoration. This documentation is usually a court order or a legal declaration stating that your firearm rights have been reinstated. Given the complexity and variability of these laws, consulting with a legal professional experienced in firearms law in Oregon is highly recommended.

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*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.