Question

Can I Restore My Firearm Rights In Oregon If I Have A Felony Conviction?

Sponsored Answer
Jesse Lohrke - Criminal Defense - Super Lawyers

Answered by: Jesse Lohrke

Located in Springfield, ORLohrke Law

Springfield, OR
Phone: 541-357-6788
Fax: 541-343-8021

View Profile
Answer

Many individuals who have been convicted of a felony crime in Oregon no longer have the right to possess a firearm. 

Often, the conviction was many years ago, yet its effects continue. 

Luckily, many of these individuals may be able to get their firearm rights restored through the firearm rights restoration process in Oregon — even if they were previously convicted of a felony crime. 

Individuals Convicted Of Certain Crimes May Not Be Eligible 

Not every felony conviction leaves a person eligible to petition for the restoration of their firearm rights. 

Those convicted of a Measure 11 Offense — an offense with a mandatory minimum sentence in Oregon — usually cannot have their rights restored. Examples of these crimes include murder, first-degree manslaughter, first-degree robbery and other offenses.

Additionally, an individual may not be eligible if they were convicted of a person crime involving a firearm, such as assault with a firearm or deadly weapon. 

Hunters 

Many people enjoy hunting but can no longer do it legally because of firearm restrictions. Many of these individuals were convicted years or even decades ago, yet they still have to miss annual hunting trips with friends and family. They could lose out on the opportunity to teach their children how to hunt and use a firearm. 

Fortunately, through the firearm rights restoration process, many of these individuals may be able to go back to enjoying the activities they were a part of prior to their conviction.

The Petition Process For Firearm Rights Restoration

Petitioners must file a petition in the circuit court of the county where they live. The petition is served on the sheriff or chief of police, who reviews the contents as well as the individual’s record to determine whether they believe the person poses any threat to public safety. Often, these petitions go through without opposition. There is frequently a hearing in front of a judge even if the petition is not opposed.

If there is a contested hearing, meaning there is opposition to the petition, it is necessary to present clear and convincing evidence the petitioner poses no threat to the safety of the community or themselves. Having good character witnesses can be an essential part of a contested hearing, showing community support and a strong personal support system.

A successful petition will restore an individual’s Oregon firearm rights. In many cases, an individual’s federal firearm rights are also restored through this process. Other times, only state firearm rights are restored. It is important to discuss this distinction and its legal implications with a knowledgeable attorney.

There Are Several Options.

In all, there are several different paths to restoring firearm rights. An attorney experienced in this process can help you determine if you qualify for expungement, set aside, or felony reduction. Any of these processes may on their own restore firearm rights or may be a part of the petition process. They can also determine which level of rights restoration you are able to achieve. 

Petitioning for firearm rights restoration is an especially useful tool for those who have been convicted of Class A and B felonies that cannot be reduced or set aside. 

Talking with an attorney about options can help an individual find the right path back to lawful possession of firearms. A brief consultation can usually help you understand your individual situation and what options exist. Whether it’s for hunting, target practice, or personal protection, the right to possess firearms in Oregon is meaningful for many individuals who are eligible to seek relief. In a brief consultation, eligibility and costs can usually be determined. Additional information can be found at www.lohrkelaw.com or by scheduling a free consultation with Jesse Lohrke.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Jesse Lohrke

Photo of Jesse Lohrke

Can I Set Aside (Or Expunge) A Conviction In Oregon?

A criminal conviction can follow you for life. It can affect many areas, including employment, housing, the right to possess firearms, and …

Sponsored answer by Jesse Lohrke

Photo of Jesse Lohrke

If I’m Currently Registering As A Sex Offender, How Can I Get Relief From Registration In Oregon?

The requirement to register as a sex offender can often impact every area of an individual’s life. Renting an apartment can be difficult. …

Sponsored answer by Jesse Lohrke

Other Answers About DUI/DWI

Photo of Stephen E. Palmer

How Can An Attorney Help After A DUI Arrest In Ohio?

DUI laws and regulations in Ohio are constantly changing. Your future can depend on your ability to understand and interpret the current system, your …

Sponsored answer by Stephen E. Palmer

Photo of Blair R. Zwillman

What Are The Qualities Of A Good Criminal Defense Lawyer In New Jersey?

When your freedom is at stake, you need a skilled attorney you can trust to protect your rights. A criminal conviction can affect your job, where you …

Sponsored answer by Blair R. Zwillman

Photo of Patrick F. Lauer

How Can A Criminal Defense Attorney Help After A DUI Arrest In Pennsylvania?

Whether it’s your first DUI arrest or your third, you may not know how an attorney can benefit your situation. While there are many reasons to …

Sponsored answer by Patrick F. Lauer

Call Me
541-357-6788

To: Jesse Lohrke

Super Lawyers: Potential Client Inquiry

Disclaimer »
Privacy Policy »
*Required fields
Page Generated: 0.77126383781433 sec