Update Alert – Oregon State Police not Approving many Firearm Purchases after Expungement / Set Aside

The Oregon State Police recently changed its policy on firearm purchases after a firearm-prohibitive case has been set aside or expunged from your record. The new policy states that the OSP understands that under federal law Oregon Set Asides do not restore firearm rights.

The Oregon State Police are incorrect in this interpretation, but it is going to affect firearm purchases for the foreseeable future until this situation is fixed in the courts. This change does not affect everybody who did expungements, but people are being turned down for purchases at this point.

If you were turned down for a purchase but you were legally allowed to possess firearms at the time, you can likely take legal action. Additionally, there are other ways to deal with this policy for the time being. A firearm rights restoration, for example, can override the policy as can a felony reduction in some cases.

Lohrke Law recommends that people wait to make a firearm purchase if they have had firearm-prohibitive cases set aside. There is value to avoiding a purchase denial being entered on a person’s record.

Nothing has Changed

It is important to note that there is no change in the law. This is a bureaucratic decision that is not supported by law and will be challenged in court.

What can you do now? 

If you are in this situation and have not been turned down for a firearm purchase, don’t attempt a purchase at this point.

If you were recently turned down for a firearm purchase, contact a qualified attorney about your options.

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