Buying a Gun with a Criminal Record in Oregon

The right to bear arms is enshrined in the U.S. Constitution. This right is reiterated in the Oregon Constitution as well. In the aftermath of certain criminal offenses, however, these rights may be suspended or revoked.

In Oregon, adults cannot buy firearms if they have a felony conviction or certain domestic violence misdemeanors. However, the legal system includes ways to remove or override this prohibition.

Here at Lohrke Law, we are familiar with the intricacies of firearm rights in our state. As you continue through this article, you'll learn more about the ways people with a criminal record can once again buy a gun in Oregon.

Can someone buy a gun with a misdemeanor?

Oregon regulates firearm sales for public safety, regardless of criminal record status. Although no permit or registration is required for gun purchases, every seller is required by law to conduct a background check. That applies in any situation, including retail stores, gun shows, and private transfers of ownership. The only exception to the background check requirement is for sales or transfers between close family members. Qualifying relatives are clearly defined in ORS 166.345(4).

If a background check shows certain results, such as a felony conviction, it renders the purchase unlawful. Additionally, unclear records often lead to firearm purchase denials or delays.

If someone is arrested for a felony or a misdemeanor crime of domestic violence, the outcome matters. If there’s no conviction but the criminal history is unclear, the firearms unit often treats it as a conviction. For this reason, it might be a good idea to expunge arrests. If you’re unsure whether you can purchase a firearm, check the state’s self-assessment questionnaire. It helps Oregonians understand the qualifications.

Make an effort to know your criminal history rather than trying to make a purchase as a way of testing whether you can lawfully purchase a firearm. You can order your own background check through either the Oregon State Police or the FBI. The cost is reasonable, and both require you to submit a set of fingerprints. If you have any convictions outside of Oregon, an FBI background check is the best option.

When Does My Record Matter?

If you have a criminal record, there are many factors that determine whether you can currently or ever buy a gun. A misdemeanor usually doesn't stop someone from getting firearms. But if it's a domestic violence misdemeanor or a violent one, that changes things. A felony also prohibits firearm purchases. Fortunately, a disqualifying condition does not necessarily last forever. There's a lot to check, so buying a gun with a criminal record in Oregon becomes complex very quickly.

Per the laws of the state, no person who has been convicted of a felony may buy, own, or possess a firearm. Felonies from Oregon, other states, or the federal government are all treated the same in this regard. If a juvenile is adjudicated for a felony or misdemeanor involving violence, they cannot possess a firearm for four years after discharge from juvenile court.

People with active felony warrants or those on pretrial release for a felony can't buy guns. The rule applies to all guns, including but not limited to automatic weapons, handguns, and hunting rifles.

There is an important line drawn between felony convictions and misdemeanors. A misdemeanor conviction in the last four years makes an adult ineligible for a concealed handgun permit. However, most offenses do not affect the ability to buy guns. There are exceptions for certain categories, such as those related to domestic violence.

Remember this important difference between felonies and misdemeanors. It’s crucial for people with felonies who want to restore their rights.

Laws Are Always Changing

It's important to stay up-to-date on the law as a gun owner. The state of Oregon's gun regulations have changed drastically over the years. Common knowledge or information that you learned in the past is not necessarily going to remain relevant.

For example, a 2015 law made it mandatory for a background check to occur before the sale of a firearm, even between two private individuals. Another significant change occurred more recently.

In 2018, the law that allows certain felonies to be reduced to misdemeanors was changed. It is now unclear whether people who serve a prison sentence can ever reduce their felony to a misdemeanor.

It was also only a few years ago that Oregon made misdemeanors involving domestic violence a disqualifying factor for firearm purchases. Now, Measure 114 stands to bring new uncertainty to firearm ownership. The status of firearm rights for those with any kind of protective order against them has also changed significantly in recent years. It was once reasonable advice to avoid a hearing because rights were not lost if there was no hearing. Talking to a lawyer is important if any of these situations may apply to you.

Since the law changes often, people should explore firearm rights restoration as soon as they qualify. Put off the process for too long, and you may discover you're no longer eligible due to a modification of Oregon laws. Political control of the legislature or governor's office also makes a difference.

Talk to a lawyer who focuses on expungement and rights restoration, like Lohrke Law. This will help you understand current regulations and parameters.

Rights Restoration vs. Expungement vs. Felony Reduction

For Oregon, there are three primary ways a person's status can shift when it comes to their eligibility to make firearm purchases:

• Restoration of firearm rights
• Reduction of a felony to a misdemeanor
• Setting aside the offense (often referred to as expungement)

How long do I have to wait to buy a gun after probation?

Many believe that a person convicted of one non-violent felony can wait fifteen years after finishing parole or probation. But this is not true in Oregon. The laws say that after fifteen years, it's not a felony to have a firearm in certain cases. However, a person can still face misdemeanor charges. Firearm rights restoration is not automatic!

Of the legal options to restore your rights, a set-aside or expungement is often the best. When successful, it removes the conviction from your criminal record. Federal interpretation of the law is constantly changing, so it's best to check with an experienced firearms attorney. Firearm rights restoration or felony reduction give you the legal right to buy a gun, though your offense will still be on your record.

Should I Choose Expungement?

When you and your lawyer get a felony expunged, it affects more than just your right to buy a gun. You won't need to declare your felony on job applications anymore. Also, you’re more likely to pass a background check for volunteering at a school or sports team. Plus, loans or housing can be easier to secure.

To get an expungement, it is beneficial to work with a skilled rights restoration lawyer. Their knowledge of the law's expectations and the entire process can help ensure success. They can also save you from seeking the relief if you are not actually eligible. Together, you and your lawyer will present the court with the evidence needed for a successful outcome.

Some offenses can't be expunged, no matter how long it's been. This includes non-marijuana-related Class A felonies. Expungement is also not an option for DUII and other driving offenses, or for most sex offenses.

Most Class B felonies are excluded. The exceptions are: 

• Possession of controlled substances 
• Marijuana-related delivery and possession 

Timing is essential for a successful expungement. Oregon's laws recently changed to make a lot more people eligible to have their convictions set aside on shorter timelines.

The criteria in this section (and others) should only be applied to Oregon crimes. If you were convicted of a federal crime or moved to another state, the rules will differ. Consultation with an attorney can make your eligibility clear. This is why Lohrke Law always offers a consultation to give you an idea of cost and eligibility.

Should I Choose a Felony Reduction?

Judges in Oregon are given the discretion to reduce any Class C, plus a few Class A and B, felonies to misdemeanors. Specifically, the following potentially qualify for a felony reduction in Oregon:

• Class C Felonies
• Class B felony for unlawful delivery of marijuana and possession of other controlled substances
• Class A felony for marijuana or racketeering activity

This is an effective path to firearm rights restoration, as most misdemeanors carry no restriction on gun ownership. You don't have to wait a specific time to apply for a reduction. 

However, you must finish any probation related to your conviction and complete your sentence. This means all money owed, including restitution or fines to the court, must be paid in full.

A reduction requires the presentation of evidence to a judge. A person must prove it is unduly harsh for them to continue to be convicted of the felony, given their history and character. The nature and circumstances of the offense are also taken into consideration. The judge is more likely to be swayed by your demonstrated behavior than by verbal promises alone. Following probation terms closely and staying out of trouble will be viewed positively.

Should I Choose to Petition for Firearm Rights Restoration?

Petitioning for firearm rights restoration doesn’t change your felony conviction. However, it lets you buy firearms like any other adult in Oregon. There is a patience factor here, as with the other options. You can ask to restore your firearm rights one year after finishing probation or parole. However, it’s often better to wait a little longer.

With help from an attorney, you must present “clear and convincing evidence” that your possession of a firearm does not pose a safety threat to yourself or the public.

A judge will consider your request from a variety of angles. The context and circumstances of your offense will be factored into the decision, if relevant. Your actions while on probation and afterward will matter, for better or for worse. Statements of general character and reputation are often produced to show suitability. The sheriff in the county where you live at the time of your petition will also get to offer an opinion for the court to consider. However, the most important factor will probably be a record of no criminal involvement for a long period of time.

Legal Proceedings Take Time

Timing matters: If you’re beginning to research buying a gun with a criminal record in Oregon, don’t expect to buy a rifle next week. The legal process is detailed and takes time. A successful firearm rights restoration takes at least two months, but usually a bit longer. The set-aside (expungement) process usually takes three to four months, but can take up to six months or longer in some courts.

Seek Legal Advice Before Buying a Gun with a Criminal Record

Please be aware that the material on this page does not constitute legal advice and should not be used to inform legal decisions. To make smart choices about buying a gun with a criminal record, talk to a lawyer. They can look at your specific situation in detail.

If you have lost your rights due to your criminal record, contact Lohrke Law today to learn how your rights may be restored. Our firm has years of knowledge and many successes to recommend us. Buying a gun with a criminal record in Oregon can take time and effort, but with experienced attorneys on your side, it is a viable goal for most people. A consultation with an experienced attorney can quickly make your options and eligibility clear.