December 2024 Update on Oregon State Police Firearms Issue with Expunged Cases
Several months ago, the Oregon State Police suddenly began denying firearm purchases for people who had expunged convictions that were once disqualifying. We contend that this is an illegal action by Oregon State Police. Many of these people had been making firearm purchases successfully for years prior to this sudden change in policy.
The change in policy was not based on a change in law or even a decision of a court. It was based on a bureaucratic decision of the Oregon State Police and possibly the Federal Bureau of Investigations.
Initial Victory in Court – but it does not apply to everyone
There is at least one group of attorneys working on the issue, and we had an initial victory in the Marion County Circuit Court recently. However, the victory only applies to the Petitioner in that case at this point. We hope to expand the case to apply to everyone, but that is uncertain at this point.
Potential Litigants Needed (If you are interested please read carefully)
The attorneys working on this issue have not been able to create a class-action lawsuit at this point. Therefore, litigation of the issue is depending on individual plaintiffs who are willing to fund the litigation.
Several litigants are needed to join as plaintiffs in one or two additional lawsuits. These ideal plaintiffs will be people who have had their records set aside or expunged and either have been denied a firearm purchase or would like to purchase a firearm but expect to be denied under this new OSP policy.
The attorneys involved in this issue are giving a lot of time, but the litigation is expensive, and litigants will have to fund the cases with the hopes of getting attorney’s fees refunded through the litigation. To be clear, Lohrke Law is not litigating the civil cases at this point, but we are working with the attorneys who are the experts in civil lawsuits against the State.
We know that a lot of people are interested in joining lawsuits, but if you are fortunate enough to be able to help fund the litigation, please let us know. If we have already talked, we have your name, but we will need to hear back from you that you are still interested in suing the Oregon State Police and can put money behind it.
What is the Current Situation for Firearm Rights after Oregon Expungements.
The Oregon State Police are making the argument that people who have firearms after having expunged or set aside once-prohibiting convictions are not eligible to own firearms. We believe that OSP is clearly wrong, and the law is as it has always been interpreted – that firearm rights are restored.
What we know is that the expungement unit at Oregon State Police is sharing information about expunged cases with the firearms unit at Oregon State Police. We believe that this information sharing is illegal and not authorized by law.
However, we also know that the Oregon State Police has asked the Legislature to change the law in this regard, to support their position. A change in the law will only serve to complicate an already complicated situation.
Many of the people who are being denied have concealed handgun licenses precisely because their firearm rights are restored.
A Firearm Rights Restoration is Likely Possible
We believe that expungements restore firearm rights, but there is another procedure that allows a person to obtain a court order that explicitly restores a person’s right to purchase and possess firearms. The procedure is under ORS 166.274 and requires the person file a court case in their county of residence and prove by clean and convincing evidence that they are not a threat to the public or themselves. If a person wants to go this extra step, we can discuss it.
The purpose of this email newsletter is to give an update on an issue that we have talked to a lot of people about in the last few months. There is no firm answer at this point, but the fight is going. Our office is busy with these issues, and this email is going out to a lot of people. We are not handling the civil lawsuits but are working with attorneys who are. If you are interested in hiring one of those attorneys as a litigant, please let us know so we can follow up.
We will continue to send updates as we get more information. We also encourage interested people to join and sign up with Oregon Firearm Federation, as that organization is doing excellent work in all areas regarding firearm rights in Oregon.
This information is adapted from an email newsletter that was provided to Lohrke Law contacts. This communication is for information purposes. It is not individualized legal advice.