Restoring Gun Rights in Oregon


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I posted this in the Second Amendment forum and Oregon forum, but not sure how much people view those forums. This is some useful information for Oregon residents. I know other states have similar processes, including Washington.

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.

Unfortunately, this mechanism only applies for people living in Oregon and while they are in Oregon. If your rights are restored in Oregon, other states will still bar you from possessing or purchasing. If you planned to carry in multiple states, you would need to research the law in that particular state. Quite a few states have an absolute bar on possessing by felons.

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.



Almost all states have a mechanism whereby a convicted felon can have their gun rights restored. However if you were convicted of misdemeanor domestic assault or a federal felony such as Martha Stewart and Scooter Libby and G. Gordon Liddy were you are S.O.L. unless you get a presidential pardon. Can you picture this...Martha Stewart is prohibited from possessing a firearm but Bill Clinton, a man that committed perjury before a federal judge and an accused rapist and known sexual predator can have all the firearms he wants. I know that some on this forum won't like me saying these nasty things about bill clinton but that says more about you than it does about me. If you push your wife or your wife pushes you, that is considered domestic violence and you would be prohibited from ever possessing a firearm if convicted of pushing your spouse or other relative living in the same house as you.

So what is a felon? Is it only someone that got caught and convicted or could it be most of us that did some dumb stuff like pass the joint at a party 30 years ago. Perhaps some of you have driven more than 3 times while being intoxicated. In many states that is a felony. Does it mean you did not commit a felony if you didn't get caught? Many people throw that word, felon, around like it is a badge of honor they never got caught. Ever lie on your taxes, ever lie to a cop (I was only going 35mph officer...I didn't see a stop sign officer...etc etc etc). If you are as pure as the driven snow please let me know and I will then know that the messiah has returned once again.


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However if you were convicted of misdemeanor domestic assault or a federal are S.O.L. unless you get a presidential pardon.

This is not completely true. You can have a conviction expunged and thus fully restore your second amendment rights at both the state and federal level. Also, you can apply to restore your rights on the federal level as I mentioned above (not a presidential pardon), but the feds are not processing those applications. Haven't for years. The bone they've thrown us is that they will not prosecute federally if the individual has their rights restored at the state level.

I don't know about other states, but I have extensive experience with this in Oregon as a criminal defense lawyer and I've helped countless people restore their Oregon rights and obtain a concealed carry permit etc.



Because the ATF doesn't process the applications as a result of congress taking away the funding, the only way a federal felon can get gun rights restored is a presidential pardon. Some states make restoration of firearm rights extremely difficult where as others are automatic restoration after a certain time period. I am not so sure I would want to see automatic restoration across the board. It is difficult to divine any persons intentions, but a person convicted of certain crimes should have to jump through very high hoops to regain firearm rights. Former street gang members should have to pass a very high standard before legally getting access to firearms. Violent sexual predators should not be released from incarceration. But what is a violent sexual predator. In Virginia if an 18 year old boy is caught having sex with his 16 year old girlfriend he is most likely going to be labeled a violent sexual predator! You get my point? This is where the 2nd amendment discussion needs to take place. If the 2nd amendment is a right just as is my right to express my religion or to say what I believe then the right should not be taken away unless I am an absolute danger to the public. But of course everyone is capable of being an absolute danger to the is a catch 22.

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