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Can I get a Concealed Carry permit with an expunged felony(Oregon)?

Gresham, OR |

I was charged with a felony possession of marijuana when I was 19. When I was 22 I had the felony expunged and it is now longer on my record. I want to get my concealed weapons permit in the state of Oregon. When I got my expungement papers, it directly states that because I had the felony expunged it is as if the event never took place. I have two questions:
A. Since my expungement papers say it is as if the felony never took place, when they ask me on the concealed weapons permit application if I have ever been convicted of a felony, do I still need to say "Yes"? (also, there is a section that says "if you answered 'yes' to having a felony, has it been expunged?")

B. Can I still get my concealed weapons permit even though my felony has been expunged?

Thank You.

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Attorney answers 1


Hello -

Answer to question "A." An applicant should be truthful in the entirety on an application for a License to Carry a Concealed Handgun.

Answer to question "B." ORS 166.291 specifically states that an expunged felony is not a bar to getting a License to Carry a Concealed Handgun. There are other criteria that an applicant must meet before a sheriff's office grants a License to Carry a Concealed Handgun. If an applicant meets all the criteria, the Sheriff's must grant the License to Carry a Concealed Handgun (the statute is explicit on this point, stating the License "shall" be granted rather than "may" be granted.

In Oregon, to legally carry a concealed handgun one must obtain the License to Carry a Concealed Handgun. One applies for this license at her local Sheriff's Dept. Firearms carried openly in belt holsters are not concealed within the meaning of the state's rules on concealed firearms.

Good luck to you.

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

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