If you have been convicted of a felony, then it is illegal for you to possess a firearm. However, there is a process for getting your gun rights back. Oregon law sets out specific requirements and procedures which, if met, allow for a convicted felon to purchase and/or possess a gun.
To be eligible to get your gun rights back, you must meet the following requirements:
· Your Oregon felony conviction must not have involved harm to another person, such as murder, assault, or rape;
· If you were convicted outside of Oregon, then the conviction must not have involved harm to another person and a firearm or other deadly weapon must not have been used;
· You must not have been convicted of a crime which has a mandatory minimum sentence;
· You must not be currently serving a sentence for a felony conviction;
· You must not have served a felony sentence within one year of filing to get your rights back.
In addition to the above eligibility requirements, you must show a judge by clear and convincing evidence that you are not a threat to yourself or others. This means you have to show that you are not the same person that committed the prior felony and that you are stable within the community—getting an education, having a steady job, not associating with people who could get you in to trouble—things like that.
The procedure for getting your gun rights back first starts with meeting the above requirements. If you meet those requirements, an attorney can help you restore your gun rights by petitioning the court and filing a motion to restore your gun rights. The attorney can petition the county circuit court in which you live by filing a motion to restore your gun rights. The attorney must serve a copy of the motion on the county sheriff located in the county in which you are filing. If a hearing is necessary, then you and the attorney must attend a hearing which will determine if you can get your rights back.
If you have been convicted of a felony and meet the listed requirements, then you should take advantage of the process for getting your gun rights back. Our office can help.