Concealed Handgun Denial Reversed After Firearm Rights Restoration
Case Background
We had previously helped our client obtain relief restoring firearm rights after a federal felony conviction involving marijuana. When the client later applied for an Oregon concealed handgun license, the application was denied based on two aspects of the prior conviction: the fact that it was a felony and that it involved a controlled substance.
The denial presented an important statutory issue. Oregon law generally treats felony convictions and certain controlled-substance convictions as disqualifying factors for a concealed handgun license. But ORS 166.291(2) contains a specific exception for people who have already been granted relief from a firearm prohibition under ORS 166.274. Under that provision, a person who has received such relief is not subject to several of the otherwise applicable licensing disqualifications, including those relating to felony and controlled-substance convictions.
The key question, therefore, was not simply whether the client had a prior felony or drug-related conviction. It was whether the earlier restoration order changed how those convictions could be treated when evaluating the concealed handgun license application.
Rights Restoration Outcome
We contacted county counsel and explained how the statutory exception applied to the client's circumstances. We specifically pointed to the language of ORS 166.291(2) and its relationship to relief previously granted under ORS 166.274.
After reviewing the issue, county counsel agreed that the denial had been made in error and stated that the sheriff's office would be instructed to grant the client's application.
The result illustrates an important distinction in Oregon firearms law: a prior conviction that would ordinarily create a licensing barrier may be treated differently when the person has already obtained qualifying firearm-rights relief. Careful review of the interaction between the restoration statute and the licensing statute was essential to correcting the denial.
Case examples are provided for informational purposes. Details may be changed or omitted to protect client confidentiality. Past results do not guarantee a similar outcome.
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