Rights restoration in Oregon can be a time consuming and costly endeavor as there are both state and federal rights restoration requirements and processes to be considered. Oregon law dictates that persons who meet eligibility requirements have the right to petition the court for restoration of their 2nd Amendment right to legally own a firearm, and is generally inclined to hear such petitions providing requirements are met.
Who Qualifies for Oregon Rights Restoration?
In order to qualify for rights restoration in Oregon, a person must have served their probationary period at least one year ago and must have since displayed exemplary behavior by all accounts. The court will then consider the initial offense since most sex crimes, and violent felony offenses with a firearm or deadly weapon will render a person ineligible for rights restoration.
The circumstances surrounding the incident and the petitioner’s criminal history if applicable are then taken into consideration, along with the subsequent history, overall reputation and general character of the petitioner. This period can take anywhere from 4-7 months, and is purely up to the discretion of the presiding judge.
How Do I Request Rights Restoration in Oregon?
At the point where a person is petitioning to have their rights restored in this fashion, it is usually because a request for set aside or expungement of the felony record has been denied, but the person still wishes to have their right to own a firearm restored. Rights restoration is a wholly separate process than set aside or expungement but procedurally, the request for rights restoration usually comes after requests for set aside or expungement have proven to be unsuccessful.
The petitioner must file their request with the circuit court and pay the required filing fee, after which they may need to serve local law enforcement where the incident occurred with a copy of the petition. A hearing is then held where the local district or deputy district attorney will represent the state, and arguments are laid out before a judge.
Lohrke Law Can Help You with Rights Restoration in Oregon
A rights restoration attorney can assist people wishing to have their rights restored in presenting their case to the Oregon court in the best possible light. A lawyer can point to the petitioner’s established pattern of compliance and adherence to a stable, law abiding way of life and use that pattern to plead for restoration of rights on those grounds.
Contact Lohrke Law Today
The first step in rights restoration in Oregon is a free phone consultation with the legal experts at Lohrke Law to establish the viability of a petition for rights restoration, followed by an examination of the circumstances surrounding the incident, and other pertinent details and finally discussion of the fee for legal representation during the process. Meet with Lohrke Law to discuss your rights restoration case today!