There are many penalties associated with a criminal conviction in Oregon. Some of these penalties can be an inconvenience while others can have a large impact on a person's life. One such penalty is the loss of the right to own or possess a firearm. In some situations, however, it may be possible to restore these gun rights.
Under section 166.274 of the Oregon Criminal Code, some individuals are able to petition the court for relief from this penalty. This petition must be filed in the county where the person petitioning for relief resides. When petitioning under this section, Oregon residents must pay a filing fee and must serve the petition to certain law enforcement officials at the same time the petition is filed with the court.
Under this statute, if the person petitioning for relief lives in a city, the petition must be served on the city's chief of police. Otherwise, this law requires that the petition be served on the sheriff of the county where the individual lives.
Once the petition has been filed and served, a judge will review the petition. This review will happen between 15 and 30 days after filing the petition. The judge will make the decision based on the findings of fact and conclusions of law that are applicable in the case. If an individual can present clear and convincing evidence that the individual does not pose a harm to the general safety of the public or to the individual's own welfare, then the judge should grant the petitioner relief.
There are many details that must be followed to restore this very important right and privilege. Oregon residents do not need to let past transgressions limit themselves in the future. By taking these steps, individuals can restore their legal rights. An attorney can help individuals walk through this process and complete it successfully.
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