Do domestic violence charges affect gun rights in Oregon?

When people think about misdemeanor charges, they likely think about minor penalties. These penalties may include small fines, jail time, community service or similar penalties. People do not often associate misdemeanor charges with lifelong penalties. However, some misdemeanors can carry lifelong consequences. When it comes to misdemeanor domestic violence charges, for example, a person can lose their gun rights if convicted.

When people think about misdemeanor charges, they likely think about minor penalties. These penalties may include small fines, jail time, community service or similar penalties. People do not often associate misdemeanor charges with lifelong penalties. However, some misdemeanors can carry lifelong consequences. When it comes to misdemeanor domestic violence charges, for example, a person can lose their gun rights if convicted.

In general, under federal guidelines, people who have been convicted on misdemeanor domestic violence charges in Oregon can receive a lifetime prohibition against possessing or purchasing firearms.

This rule applies when three elements are met. First, the person must have been convicted on misdemeanor charges at the state, local or federal level. Second, the charge has an element including the use of, or threatened use of, physical force or threatened use of a deadly weapon.

Finally, the people involved in the act must have been in a certain type of relationship. Under the law, these relationships can include a current or former spouse, guardian or parent, a relationship where the couple shares a child or where the alleged perpetrator and victim are cohabitating as parent, guardian or spouse. Finally, the relationship can also qualify if it was similarly situated to a parent, spouse or guardian.

Under Oregon law, many misdemeanor charges fall into these categories. If a person loses their gun rights and is caught with a gun, the person can be sentenced to additional penalties including up to 10 years in prison.

It is important for people to understand all of the penalties that can accompany misdemeanor charges. An attorney can give specific legal advice to people facing misdemeanor charges.