Restoring Gun Rights in Oregon

Discussion in 'Oregon Gun Forum' started by thuegli, Nov 29, 2013.

  1. thuegli

    thuegli New Member

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    Most people know that if you have certain criminal convictions, including a felony, you cannot possess a firearm under state and federal law. There is a legal way to restore your second amendment rights in Oregon. You can either seek an expungement or restoration of those rights. If you would like more information, send me a PM.

    The Federal Government has a way to restore federal rights too but due to budget cuts they have suspended processing these applications and have not processed an application for years. These are not denials and you cannot "appeal" this process. However, because of this the feds have also said that they will not prosecute someone whose had their rights restored under state law unless that person is committing some other federal crime at the same time.

    If you'd like to know more about any of this, send me a PM.

    Todd
     
  2. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    please go into more detail about this. i am sure that others would like to hear about this as well.
     

  3. thuegli

    thuegli New Member

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    If a person is convicted of a felony, certain misdemeanors or domestic violence related crimes, they are prohibited from possessing or purchasing a firearm under federal and Oregon law. You may have a legal way to restore those rights. Restoration of your rights in Oregon, only protects you in Oregon. Should you want to possess/purchase in another state, you must check with those state laws.


    Oregon provides for two ways to restore these rights:

    1. Expungement of criminal convictions

    A person may expunge a criminal conviction for most misdemeanors except sex crimes and child abuse and most felonies except class A felonies. There are limitations based upon time of conviction and number of convictions.

    2. Restoration of rights, despite a criminal conviction

    ORS 166.274 provides a mechanism to restore your rights. You may qualify if you have a felony, not including person felonies or measure 11. Even if you have certain person felonies such as felony assault IV or assault III, there are other ways to regain your rights such as reducing the felony to a misdemeanor.

    Restoring your rights under ORS 166.274 also restores your ability to obtain a concealed carry permit. A person with a criminal conviction in Oregon is often barred from conceal carry, even if its a misdemeanor. You can expunge the conviction or restore your rights and thus obtain your conceal carry permit.




    ***DISCLAIMER*** - This is general information and not intended to be legal advice. This information should not be relied upon when making a decision to purchase or possess a firearm. If you think you are prohibited from possessing a firearm under state or federal law, you should speak with an attorney to learn your specific rights. If you have specific questions regarding your rights, please send me a PM and I can try to answer your specific questions or we can speak over the phone.
     
  4. Rick1967

    Rick1967 Well-Known Member

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    Are you an attorney?
     
  5. nitestalker

    nitestalker New Member

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    I doubt you would ever pass a Federal Back Ground Check.:confused:
     
  6. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    maybe i am not up to speed on all the federal gun laws, (after all, i am not a lawyer!) but NCIC Background check is done at the federal level, so if this doesn't allow a person to legally purchase or possess in another state other than Oregon, then how can it be legal in Oregon?

    now here are facts that i do know.

    1. the 4473 Form is a federal form.
    2. the NCIC background check is done at the federal level.

    so if this "expungement" doesn't meet the federal requirements, but only those at the state level, then, unless i am incorrect, (please do if i am, and show me exactly where) then purchasing or possessing a firearm is still a federal firearms violation.

    now IIRC, an expungement that meets the criteria for the BATF, is valid in any state, not just the state in which the original criminal act occured. also, IIRC, and expungement or pardon has to be done in the state and county where the original conviction was recieved.

    now i'm not trying to be a douchebag, just looking for claification and understanding of what you are offering people.
     
  7. thuegli

    thuegli New Member

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    Correct - Expungement must be filed in the county the crime occurred.

    As for federal laws, there is an exception under 18 U.S.C. 921 (a)(33)(B) for expungement and "for which the person...has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense)."

    So when a person has rights restored in Oregon, or convictions expunged, they can still purchase and possess a firearm. They can also get a CCL.

    Technically a person with their rights restored but still have a felony conviction, cannot possess a firearm under federal law. However, government does not prosecute people for this offense unless the possession is in connection with another federal crime such as drug dealing, gun smuggling etc.

    I am a criminal defense lawyer, and gun owner, and also help people get their second amendment rights back either through expungement or restoration of those rights. I realized most people who have lost their second amendment rights due to a restraining order or criminal conviction do not know they can get these rights back. I've spoken with many firearms dealers who are unaware of this process as well.
     
    Last edited: Nov 29, 2013
  8. thuegli

    thuegli New Member

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    Depending on what you are applying for, correct. Unfortunately, even an expungement can prevent you from reaching certain security clearance levels.

    Although with as many felons working as TSA agents as we have, who knows!
     
  9. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    well you may be a lawyer, and i know i'm not, and my record is clean, but IMO, if it doesn't fly in other states, i still see a problem at the federal level.

    i'll let other proceed at their own risk on this. goodnight to all. i am done with this thread.
     
  10. thuegli

    thuegli New Member

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    A person who restores their rights under state law, is safe in that state and at the federal level. Other states however, may not honor restoration from a different state.
     
  11. scally

    scally New Member

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    I know that this post was older however it is still relevant to me at this moment. I recently received my restoration of my gun rights under state law. I then went in to purchase a firearm and was denied a license. I then called that Oregon state police department to find out why and they stated that they have to follow both state and federal laws and that under federal law you must have been free from any charges for 15 years beyond the probation. Does this sound correct. I am 2 years from that so must I wait until then or under the courts decision that I received to restore my rights do I have any avenue to pursue.
     
  12. Shopfox

    Shopfox Active Member

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    They state it's federal law holding you up. Without a doubt, call the ATF and talk to someone there.
     
    Dallas53 likes this.