Restoring Gun Rights in Oregon

[thuegli]

Most people know that if you have certain criminal convictions, including a felony, you cannot possess a firearm under state and federal law. There is a legal way to restore your second amendment rights in Oregon. You can either seek an expungement or restoration of those rights. If you would like more information, send me a PM.

The Federal Government has a way to restore federal rights too but due to budget cuts they have suspended processing these applications and have not processed an application for years. These are not denials and you cannot "appeal" this process. However, because of this the feds have also said that they will not prosecute someone whose had their rights restored under state law unless that person is committing some other federal crime at the same time.

If you'd like to know more about any of this, send me a PM.

Todd

 

[thuegli]

Here is a bit more indepth info:

If a person is convicted of a felony, certain misdemeanors or domestic violence related crimes, they are prohibited from possessing or purchasing a firearm under federal and Oregon law. You may have a legal way to restore those rights. Restoration of your rights in Oregon, only protects you in Oregon. Should you want to possess/purchase in another state, you must check with those state laws.


Oregon provides for two ways to restore these rights:

1. Expungement of criminal convictions

A person may expunge a criminal conviction for most misdemeanors except sex crimes and child abuse and most felonies except class A felonies. There are limitations based upon time of conviction and number of convictions.

2. Restoration of rights, despite a criminal conviction

ORS 166.274 provides a mechanism to restore your rights. You may qualify if you have a felony, not including person felonies or measure 11. Even if you have certain person felonies such as felony assault IV or assault III, there are other ways to regain your rights such as reducing the felony to a misdemeanor.

Restoring your rights under ORS 166.274 also restores your ability to obtain a concealed carry permit. A person with a criminal conviction in Oregon is often barred from conceal carry, even if its a misdemeanor. You can expunge the conviction or restore your rights and thus obtain your conceal carry permit.

Although under federal law it may be unlawful to possess a firearm with a felony, a dealer with an FFL can still legally sell you a firearm. Under federal law, there is an exception under 18 U.S.C. 921 (a)(33)(B) for expungement and "for which the person...has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense)."

***DISCLAIMER*** - This is general information and not intended to be legal advice. This information should not be relied upon when making a decision to purchase or possess a firearm. If you think you are prohibited from possessing a firearm under state or federal law, you should speak with an attorney to learn your specific rights. If you have specific questions regarding your rights, please send me a PM and I can try to answer your specific questions or we can speak over the phone.