Under Oregon law, there are certain situations where people can lose their right to own, purchase or possess a firearm. For many people, losing this fundamental right can be difficult for them. However, ORS section 166.274 also provides some relief.
Under this section, people can petition the court to have their gun rights restored. Within 15 days of filing, the court will hold a hearing to make a decision. Under section 166.274(7), a person's rights should be restored if people can prove that they are not a danger to themselves or to the community. They must prove this by clear and convincing evidence in order for their gun rights to be restored. People can file a petition once a year until they are approved.
However, not everyone is eligible for gun rights restoration under this section. Under section 166.274(11), the court will not grant relief if a person fits into any one of three situations. First, the person cannot have been convicted of a felony that involved the use of a firearm or other deadly weapon.
Second, the individual must not have been convicted of any of the offenses in ORS section 137.700 or similar statute in another jurisdiction. The offenses listed in this section have mandatory minimum sentencing requirements and include murder, rape, robbery, kidnapping, certain assaults and other violent crimes.
Finally, a person is not eligible for gun rights restoration if the person is currently serving a sentence for a felony crime. People are also not eligible if they have served any part of a felony sentence during the last year.
Oregon residents should know their rights when it comes to gun rights restoration. People should speak with an attorney if they are interested in restoring their gun rights or to avoid losing them in the first place.
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