In March 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. We are told this 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.
What To Do?
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 2024). 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 lawsuit.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
