Gun Rights Restoration – Get Back Your Gun Rights

Not all people will be eligible to have their gun rights restored. Eligibility is contingent upon the timing of the filing of court documents. Perhaps not surprisingly, if a person is currently serving a felony conviction, they will not be eligible to get gun rights back. This is also the case if a sentence has been served in the year immediately before filing the petition. Other timing elements may apply to your specific situation.

In addition to timing, certain convictions will act as a complete bar to eligibility for gun rights restoration. In Oregon, if the person was convicted of a person felony involving a firearm, they will likely not be eligible to restore gun rights. This prohibition also pertains to other person felonies such as manslaughter, assault in the first/second degree, and robbery in the first/second degree. This is by no means an exhaustive list, but merely common examples.

Restoring gun rights can be a complicated process. There are both state and federal legal requirements to restoration. At the state level, restoration of gun rights requires the filing of a petition with the circuit court and payment of the required filing fee. The petitioner, the person seeking restoration of gun rights, must also make certain to follow specific service requirements making sure the timing of service is also done correctly. This may include serving a copy of the petition on the chief of police and/or the local sheriff.

Following filing, the court will then hold a hearing to determine whether petitioner’s gun rights will be restored. Procedures for the hearing itself vary by county. Generally, at the hearing the State may be represented by the local district attorney, or a deputy district attorney. The State may also object to restoration of gun rights. In such an instance, arguments will be made by both the district attorney and petitioner’s lawyer.

The court will only grant the petition if at hearing it is shown by clear and convincing evidence that the petitioner does not pose a threat to himself/herself, or to the safety of the public at large. Clear and convincing evidence is considered a high threshold to reach. After the hearing, the judge will issue a judgment granting or denying the petition based on the judge’s findings and conclusions.

If the petition is denied, the Court will send notification to the Oregon State Police. Information regarding the denial will then be included in the person’s criminal history database. A petitioner may only be filed once, per year. For these reasons, it is important that the process been done correctly the first time.  If a petitioner is denied gun rights following hearing, an appeal can be made the court of appeals. However, the state can also appeal the judge’s decision to grant the petitioner’s gun rights.

Sometimes, it may make sense to expunge certain criminal records or arrests, before seeking to restore gun rights. One of the knowledgeable and experienced gun rights attorneys at the Donahue Law Firm will know if expungement is a smart strategic move based on your personal situation.

The law changes regularly and these changes may affect your eligibility to restore gun rights. If you think you may be eligible, or are uncertain about eligibility, a knowledgeable gun rights restoration lawyer will be able to answer any questions. The Donahue Law Firm understands gun right restoration and if you are eligible, we can help restore your gun rights.

Don’t let another hunting season pass you by. Contact the Donahue Law Firm today: (541) 215-4524