Firearm Rights Restoration In Oregon

Exploring Firearm Rights Restoration

Firearm rights restoration is an option for those living in Oregon who have had their ability to possess a firearm revoked. One of the unfortunate consequences of a felony conviction in Oregon is the revocation of your rights to possess a firearm through the Second Amendment of the United States Constitution.

Even if the conviction was an isolated event many years ago, the loss of your rights to purchase and own a gun is revoked permanently, unless you explore your legal options. Thankfully, many of those who have had their firearm rights removed because of a felony conviction may be able to regain those rights through the Oregon firearm rights restoration process. The process can be facilitated alongside a qualified attorney who specializes in restoring firearm ownership rights, helping clients exercise their rights to bear arms in America.

Firearm Rights Restoration: Why Those Convicted of Certain Crimes May Not Be Eligible

Not everyone who petitions the court for the restoration of their firearm rights will be successful. Some felonies are not eligible for rights restoration through this process and may never be able to purchase a gun for the rest of their lives.

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 many others.

Individuals who have been convicted of what is called a person crime involving a firearm, such as assault with a firearm or assault with a deadly weapon, are also not eligible for firearm rights restoration. Unfortunately, many violent felonies come with lifelong consequences, restricting your abilities to own firearms for many years to come.

Firearm Rights Restoration: Legal Options for Hunters

Many people enjoy hunting, but can no longer do it legally because of restrictions on their right to possess a firearm related to a felony conviction in their past. Many of these individuals were convicted years or even decades ago, yet must miss annual hunting trips with friends and family as well as the opportunity to teach their children how to hunt due to an event that is long in the past.

Through the process of firearm rights restoration, many of these individuals may be able to once again enjoy the activities they did prior to their conviction. There are legal options for those who haven’t committed crimes in the past, allowing you to live a life without legal restrictions and helping you get back to enjoying the hobby of hunting once again.

Of course, not every hunter can have their firearm rights restored, as there are a number of violent crimes that will make you ineligible to have your firearm rights restored. Consulting with a law firm that understands these laws can help you explore the next best steps and determine if you are the right fit for this process.

Understanding The Petition Process

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.

There is a strict process to followand utilizing an attorney can ensure that every step is followed correctly, working to help you complete the process without error the very first time. Attempting to petition the court with a criminal history that makes you ineligible for the process will likely lead to endless wasted time and money.

A Contested Hearing

If there is a contested hearing, this means there is opposition to the petition for firearm rights restoration, calling for the presentation of clear and convincing evidence that the petitioner poses no threat to the safety of the community or themselves. This becomes incumbent on the petitioner and any legal representation they may have.

Proving that a client no longer poses a threat to the community or themselves is a legal hurdle that will call for an attorney to illustrate this. Having good character witnesses can be an essential part of a contested hearing, showing community support and a strong personal support system. Clients will need to work closely alongside an attorney to demonstrate their good character and show that they should be eligible to have their firearm rights restored.

State Firearm Rights vs. Federal Firearm Rights

A successful petition will restore an individual’s Oregon firearm rights. In many cases, an individual’s federal firearm rights will also be restored through this process, but there are cases when only state firearm rights are eligible to be restored. It is important to discuss this distinction and its legal implications with a knowledgeable Oregon gun rights attorney prior to partaking in the process.

Exploring Your Options for Firearm Rights Restoration in Oregon

There are several different ways to approach regaining the right to purchase and legally own a firearm after having been convicted of a felony. Experienced legal counsel can help determine if expungement, set aside or felony reduction is the best course of action for you. Any of these methods can be attempted on their own, but are best handled alongside a law firm familiar with these matters.

Generally speaking, convictions that are also not eligible for set aside or expungement may still be eligible for felony reduction or firearms rights restoration.

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.

Discuss Firearm Rights Restoration with an Experienced Expungement Attorney

Talking with an attorney about your legal options can help an individual find the right path back to lawful possession of firearms. A brief phone consultation can usually help you understand your situation and what options exist that would be best suited to your needs.

Whether it’s for hunting, target practice, or personal protection, the right to possess firearms in Oregon is meaningful for many. You have the legal right ot possess firearms, and for those who have been convicted of a crime in the past, it is worth exploring your options if you value this right. Eligibility and costs can usually be determined during a brief consultation with a firearm restoration attorney.

How Soon After a Denial Can You Petition Again to Restore Your Firearm Rights?

According to ORS 166.274, you must wait a year after an unsuccessful attempt at firearm rights restoration. Practically speaking, however, deciding how long to wait to file a second petition after one is denied depends on several important factors.

Before submitting a new petition, you should do your best to address whatever led to the denial. Consider speaking with an attorney about the process and determining what went wrong in your first denial.

This may require some record clean-up, adding additional witnesses, or demonstrating that, as an individual, you have behaved appropriately without any recent trouble from the law.

Every situation is unique, so it is best to review your situation with an attorney experienced in rights restoration law prior to taking part in the process.

Can I restore my 2nd Amendment rights after a felony conviction in Oregon?

Yes, it is possible to restore 2nd Amendment rights in Oregon after a felony conviction, provided the felony is not one of the offenses permanently barring gun ownership, like certain Measure 11 crimes. The process involves legal proceedings, and success often requires the expertise of a firearm restoration attorney.

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Contact Lohrke Law Today For A Free Consultation

The first step in rights restoration in Oregon is a free phone consultation with the legal experts at Lohrke Law. Let’s work together to establish the viability of a petition for rights restoration, followed by an examination of the circumstances surrounding the incident itself and other pertinent details. The nature of your case is unique, and we continue to offer personalized services for clients seeking rights restoration across the state of Oregon.

There is no cost for simply reaching out and partaking in a consultation. Weigh your options and explore whether or not you are eligible. Contact Lohrke Law today to learn more and begin the process now.