One of the collateral consequences of carrying a prior criminal conviction may be the loss of your legal right to possess or purchase firearms. In Oregon, there are several avenues by which you can restore your gun rights, but each option depends on the type of conviction.
Qualifying Convictions
Under both Oregon and Federal law, an individual will be prohibited from possessing firearms if they have been convicted of (1) a felony, (2) a domestic violence charge, (3) a stalking crime, or (4) as a condition of probation. Possession can also be limited without a criminal conviction if a person is subject to a civil restraining order or has been civilly committed.
Set Asides under Oregon’s Expungement Law
If you have a qualifying conviction, the simplest way to restore your gun rights is by setting aside, or “expunging” the record of your criminal case. This procedure is authorized by ORS 137.225, which allows the court to expunge a criminal conviction after a designated waiting period: Class B felony, seven (7) years; Class C felony, five (5) years; Class A misdemeanor, three (3) years; Class B/C misdemeanor, one (1) year.
Some convictions cannot be expunged, even if the applicable waiting period has passed. An experienced attorney can help you determine whether your prior conviction is eligible to be set aside, and if so, can draft a motion to the court requesting expungement. Typically, the District Attorney will have 180 days to object to the motion. If the judge orders a set aside, your conviction will be erased from the Oregon State Police database and the court record will be sealed. Once the conviction is set aside, you will not be prevented from possessing firearms under Oregon Law.
OSP Policy Preventing Firearm Purchases
Oregon State Police have recently begun denying the purchase of firearms to individuals with qualifying convictions, even if the conviction has been expunged. Their policy is based on OSP’s interpretation that a set-aside under ORS 137.225 does not affect your rights to possess firearms under Federal law, and so OSP has begun denying background checks for purchasers with expunged records. This is an ongoing legal dispute between gun rights attorneys and OSP.
Felony Reduction
If you have a Class C felony conviction that is otherwise ineligible for expungement, the next best option may be to petition the court to reduce your felony to a misdemeanor. A motion to reduce a felony is more involved and requires (1) legal argument to show the court why you are eligible for reduction, and (2) factual argument to demonstrate your commitment to leading a law-abiding life since your conviction. If the court grants your motion to reduce, your felony will be re-entered as a misdemeanor, and so long as it is not a stalking or domestic violence violation, your right to possess firearms will be restored.
Petition to Restore
The final option to restore your gun rights is a petition for restoration to the court under ORS 166.274. Under this statute, a person who is prohibited from possessing firearms based on prior convictions may petition the court, once per year. The judge will then hold a hearing to determine whether the petitioner has demonstrated, by clear and convincing evidence, that they do not pose a threat to the safety of the public or themselves. Keep in mind, you will not be eligible for restoration under this statute if the conviction involved the use of a deadly weapon, was a Measure 11 offense, or have served a felony sentence in the one-year preceding the filing of the petition. An attorney with Ward Grover can help you determine your eligibility, draft your petition, and appear with you at any subsequent hearing on the merits.
If you are looking to restore your rights to possess firearms, reach out to an attorney with Ward Grover, and we will identify the most viable option for you and represent you throughout the restoration process.