This week at our local courthouse, a man stood before the judge, requesting the reinstatement of his right to own a firearm. Nearly eight years ago, he was involved in a DUI-related accident that resulted in injury, leading to a felony conviction. Since that incident, he claimed to have remained sober and had since retired, running a small machine shop from his home. As an avid hunter, he wanted to regain his firearm rights.
Despite his clean record following the conviction, the Chief of Police objected to his request. However, after considering the case, the judge ruled in the man’s favor and reinstated his right to own a gun.
Firearm Restrictions and Restoration in Oregon
Oregon has strict laws regarding firearm ownership. Individuals convicted of certain crimes or subject to restraining orders may be prohibited from possessing firearms. Specifically, you cannot legally own a firearm if you:
- Have been convicted of any felony within the last 15 years
- Have a domestic violence conviction
- Are subject to a restraining order
However, under ORS 166.274, individuals who meet specific criteria may petition for the reinstatement of their firearm rights.
The Petition Process for Restoring Firearm Rights
If you believe you are eligible to regain your firearm rights, here’s what you need to know:
- File a Petition for Relief – Submit your request at the courthouse in the county where you reside.
- Annual Application Limit – You may apply for reinstatement once per year.
- Notify Law Enforcement – A copy of your petition must be sent to the Chief of Police in the city where the courthouse is located.
- Meet the Burden of Proof – You must provide “clear and convincing evidence” that you do not pose a public safety risk.
Potential Challenges in the Process
It’s important to be prepared for opposition. The Chief of Police or law enforcement officials often attend these hearings to argue against reinstatement, regardless of an applicant’s current standing.
Additionally, some convictions permanently bar individuals from restoring their firearm rights under ORS 166.274. If you have been convicted of:
- A “person felony” in Oregon
- A Measure 11 crime (under ORS 137.700)
You are ineligible for firearm rights reinstatement under this statute.
Understanding Your Rights
The process of restoring firearm rights in Oregon can be challenging, but for those who qualify, it is possible. If you’re considering applying for reinstatement, understanding the legal requirements and preparing a strong case will be essential to success.