Firearm Rights for Criminal Offenders in Oregon
In the state of Oregon, individuals with convictions on their criminal record, including certain felonies, may have the right to own firearms, which are taken away upon conviction. According to oregonlegistlature.gov, ORS (Oregon Revised Statute) 166.270 states that a person commits the crime of possession of a weapon if they are caught having either a firearm or blade instrument, and have been previously convicted of a felony in Oregon or any other state in the United States. Furthermore, ORS 166.470 sets several limitations and conditions concerning the sales of firearms, including a ban on sale to people convicted of a felony, those having outstanding felony warrants, or those having been convicted of a violent misdemeanor.
Original photo by Rob Barrett Photography
Restoration of Firearm Rights
Under ORS 166.274, individuals convicted of a felony may have the right to restore their firearm rights. According to Section 5 of this statute, a convicted individual can petition with the Psychiatric Security Review Board, the Department of Human Services, the Oregon Health Authority, and the district attorney for relief. Once received, the petition is discussed in a contested case hearing in which the board goes over the facts and draws a conclusion based on the law. The restoration of the individual’s rights may be granted if he or she is able to demonstrate to the board that they would not be apt to commit a violent act based on their reputation, record, and circumstance of their firearm restriction. A petitioner can submit a request for judicial review of the board’s decision and may also go through the process of appeal with the circuit court to the Court of Appeals.
Restoration Limitations
There are several instances that would bar or limit a convicted offender from gaining relief from their firearm restriction. Those convicted of a person felony, as defined by the Oregon Criminal Justice Commission, which involves the use of a deadly weapon, including firearms, will not likely be granted relief of their firearm restriction. Additionally, relief may not be granted to those convicted of felonies defined under ORS 137.700, which includes murder, manslaughter, assault, kidnapping, rape, and robbery, among others. Furthermore, there are federal laws that prohibit the possession, sale, and use of firearms to individuals convicted of certain crimes. According to justice.gov, the Lautenberg Amendment enacted in 1996 is an amendment that prohibits the possession of a firearm by those convicted of a domestic violence misdemeanor. To learn more about Oregon firearm rights restoration, visit RecordGone.com’s Oregon firearm rights restoration page.
