This week in our local courthouse, a man stood before the judge, requesting the reinstatement of his firearm rights. Nearly eight years ago, he was involved in a DUI accident that resulted in injury, leading to a felony conviction. Since that incident, he claimed to have abstained from alcohol entirely. Now retired, he operates a small machine shop out of his garage and sought the return of his gun rights, driven by his passion for hunting.
Although the DUI made him a felon, he had no other criminal convictions and there was no indication of violent behavior in his past. Despite this, the Chief of Police opposed the reinstatement of his firearm rights. However, the judge ultimately decided in favor of the man, allowing him to regain his right to own a gun.
In Oregon, there are numerous restrictions on firearm ownership. If you have been convicted of any felony within the last 15 years, a domestic violence offense, or if you are subject to a restraining order, it is illegal to possess a firearm. Nevertheless, Oregon law does provide a pathway for those seeking relief from these restrictions.
Under ORS 166.274, individuals can apply for the reinstatement of their firearm rights. Here are some key points to consider if you plan to pursue this process:
- Filing a Petition: You must submit a “Petition for Relief” at the courthouse in the county where you reside.
- Frequency of Application: You can apply for reinstatement once a year.
- Serving Notice: A copy of your application must be served to the Chief of Police in the city where the courthouse is located.
- Burden of Proof: You must provide “Clear and Convincing Evidence” that you do not pose a threat to public safety.
It’s important to be aware that the Chief of Police or a representative from the police department is likely to attend the hearing and may object to the reinstatement of your firearm rights, regardless of your criminal history.
Certain convictions can permanently bar you from reinstating your firearm rights under this law. If you have been convicted of a “person felony” in Oregon or any Measure 11 crime under ORS 137.700, you are not eligible to have your rights reinstated under this statute.
If you’re considering applying for the reinstatement of your firearm rights or have any questions about the legal process, contact Pedemonte Law. Our experienced legal team is here to guide you through every step of the process.