Under the 2nd Amendment to the U.S. Constitution American citizens are guaranteed the right to bear arms. The Oregon Constitution also guarantees this right specifically to Oregonians. These rights are not unlimited however, and can be legally revoked for the sake of the public good. There are also specific Oregon laws restricting who can and cannot legally purchase and possess firearms. In Oregon state, most felony gun charges involve mandatory prison time even if it is a first offense with no prior criminal history.
What Are My 2nd Amendment Rights As A Convicted Felon In Oregon?
There are several categories of citizens who are prohibited from firearm possession in the state of Oregon. Along with persons under the age of 18 without parental consent, anyone who:
- Has been convicted of a felony or juvenile offense that would have been a felony had the offender been an adult
- Has previously killed or injured someone with a gun whether on purpose, recklessly or carelessly
- Excepting peace officers, military service members, and people carrying a gun for self defense
- Is prohibited from possessing a firearm due to mental illness.
- Has been convicted of stalking or a domestic violence misdemeanor, or is subject to a domestic violence restraining order
- Is subject to an Extreme Risk Protection Order
- This refers to Oregon’s Red Flag laws where courts may prohibit respondents who present a risk of suicide or a risk on injuring someone else in the near future.
What Are the Penalties for Illegal Firearms Possession in Oregon?
- Those found to be illegally in possession of a firearm or carrying a concealed firearm are subject to a Class A Misdemeanor charge punishable by up to 1 year in jail and a fine of up to $6250.
- Felons found discharging, in possession of, or in proximity to a firearm can be charged with a Class C felony punishable by up to five years in prison and up to $125,000 in fines.
- Possession of a machine gun, short barreled rifle or firearms silencer are subject to a Class B felony charge
- This does not apply if the gun or silencer is registered under federal law.
If You Have Been Charged with a Weapons Offense, Let Lohrke Law Help
Oregon is an open carry state and most people can openly carry a firearm without permit or restriction. Oregon courts are inclined toward the imposition of the harshest penalties for people convicted of firearms and weapons offenses. If you have been charged with a firearms offense, consult Lohrke Law today to discuss your case and let our team of legal experts in Oregon firearms law represent you. Call now.