Attorney Pedemonte – Oregon Firearm Rights
Under the Second Amendment to the US Constitution you have a right to bear arms. Criminal charges can jeopardize these rights. If you have been convicted of a felony then under Oregon law you automatically lose your right to possess, purchase, or use a firearm. This is not a permanent loss though.
Restoration of Gun Rights
If you are a felon and can no longer possess firearms you can petition the court and ask a judge to reinstate your firearm rights. This process requires calculated and strategic planning, but ultimately it works almost every time. Below is a step-by-step process for restoring your rights.
- Draft & File the Petition: paperwork (called a petition) must be drafted and submitted to the judge requesting that he/she restore your firearm rights. This petition must also be sent to the Chief of Police or the Sheriff. A hearing date will then be set.
- Preparation: it is important that we begin planning our case for the hearing. I will meet with you and your family and friends and develop a plan for how we will convince the judge to restore your rights.
- Hearing: the burden of persuasion is on us to convince the judge that he/she should restore your rights. We do this by calling witnesses at the hearing to testify that you are not a danger to yourself or the community.
- Confirmation: if we are successful at the hearing it usually takes a couple of weeks for law enforcement to recognize that your rights have been fully restored. This confirmation process is something that I do for you as well. You are permitted to possess firearms during this waiting period.
If you are a felon and believe that you would like to restore your right to use and possess a firearm then you should call me. I will provide you with a free consultation and explain to you how I can help.
Concealed Weapons Permit
The decision whether to permit you to possess a concealed-carry permit lies in the hands of the sheriff in the county in which you reside. You must apply through their office. If you are denied, then you are entitled to appeal that decision to the circuit court, where you can ask a judge to decide if you should be permitted to have the permit.
If you are at the beginning stages of requesting a concealed-carry permit then you can request the permit without the assistance of a lawyer. If you have been denied your concealed-carry permit then you may decide that you want to hire a lawyer to help you fight the sheriff’s decision. You should call me for a free consultation.