Oregon Gun Rights Restoration Lawyer

A felony conviction in Oregon strips your right to purchase or possess a firearm, usually for life, unless you take legal action. Firearm rights restoration under ORS 166.274 is a separate process from expungement or felony reduction, built for people who can show a judge they no longer pose a threat to public safety. Lohrke Law has helped clients throughout Oregon petition successfully, including in contested hearings.

What Is Oregon Firearm Rights Restoration under ORS 166.274?

Oregon firearm rights restoration is an option for those living in the state who have had their ability to possess a firearm revoked. One of the unfortunate consequences of a felony conviction in Oregon is the loss of your Second Amendment of the United States Constitution right to possess firearms.

Even if the conviction was an isolated event many years ago, the loss of your right to purchase and own a gun is revoked permanently, unless you explore your legal options. Thankfully, many of those who have had their gun rights removed because of a felony conviction may be able to regain those rights with the help of an Oregon gun rights restoration lawyer. The process can be facilitated alongside a qualified attorney who specializes in restoring firearm ownership rights, helping clients exercise their rights to bear arms in America.

Exploring Your Options for Gun Rights Restoration in Oregon After a Felony Conviction

There are several different ways to approach regaining the right to purchase and legally own a firearm after having been convicted of a felony. Experienced legal counsel can help determine if expungement, set aside, or felony reduction is the best course of action for you. Any of these methods can be attempted on their own, but are best handled alongside an Oregon gun rights restoration lawyer familiar with these matters.

  • Generally speaking, convictions that are also not eligible for set aside or expungement may still be eligible for felony reduction or gun rights restoration.

Petitioning for gun rights restoration is an especially useful tool for those who have been convicted of Class A and B felonies that cannot be reduced or set aside.

Article Summary

  • Many people in Oregon exercise their legal right to purchase and own firearms responsibly for the sake of hunting or their own personal protection. It is a legal right that is revoked upon felony conviction.
  • Many individuals can have their gun rights restored after a felony conviction by retaining the services of a qualified attorney.
  • There are, however, eligibility requirements that must be met, and your attorney can explore legal options that can see your right to purchase and own firearms restored.
  • Lohrke Law has more than a decade of experience in these matters and is capable of facilitating the process on your behalf.

How to Restore Gun Rights in Oregon

For anyone interested in having their firearm rights restored here in Oregon, the process begins with an initial consultation with a qualified attorney. It is here that an attorney will learn more about your past criminal history and explain to you how they can help you exercise your legal rights to firearm restoration.

The team at Lohrke Law maintains a long track record of success in such matters, remaining highly familiar with the court process and is capable of taking care of every detail on behalf of clients. Lohrke Law’s offerings are full-service in nature, ensuring that the process is completed without complication and as quickly as reasonably possible the very first time.

Who Is Eligible for Firearm Rights Restoration in Oregon?

Not everyone is eligible to have their firearm rights restored in Oregon. Eligibility is based on each individual’s criminal history.

It is possible that some of those who petition the court for the restoration of their gun rights will not be successful. Some felonies are not eligible for rights restoration through this process, and as such, those individuals may never be able to purchase a gun for the rest of their lives.

Those convicted of a Measure 11 Offense, an offense with a mandatory minimum sentence in Oregon, usually cannot have their gun rights restored. Examples of these crimes include murder, first-degree manslaughter, first-degree robbery, and others listed in ORS 167.700.

Further, individuals who have been convicted of what is called a person crime involving a firearm, such as assault with a firearm, are also not eligible for gun rights restoration. Many violent felonies come with lifelong consequences, restricting your ability to own firearms for many years to come.

Firearm Restoration Options for Hunters

Many people enjoy hunting, but can no longer do it because of restrictions on their right to possess a firearm related to a felony conviction in their past. Many of these individuals were convicted years or even decades ago, yet must miss annual hunting trips with friends and family, as well as the opportunity to teach their children how to hunt, due to an event that is long in the past.

An Oregon gun rights restoration lawyer can assist many of these individuals and allow them to once again enjoy the activities they did prior to their conviction. There are legal options for those who have committed crimes in the past, allowing you to live a life without legal restrictions and helping you get back to enjoying the hobby of hunting once again.

Of course, not every hunter can have their gun rights restored, as there are a number of violent crimes that will make you ineligible to have your firearm rights restored. Consulting with an Oregon rights restoration attorney who understands these laws can help you explore the next best steps and determine if you are the right fit for this process.

The Oregon Firearm Restoration Court Process Explained

There are multiple paths to firearm rights restoration in Oregon. Consult with a firearm rights specialist before deciding this process under ORS 166.274 is the right path.

Here is the step-by-step process of how a qualifying individual can report their gun restoration rights in Oregon:

  • Petitioners must file a petition in the circuit court of the county where they live.
  • The petition is served on the sheriff or chief of police, who reviews the contents as well as the individual’s record to determine whether they believe the person poses any threat to public safety. Often, these petitions go through without opposition.
  • There is frequently a hearing in front of a judge, even if the petition is not opposed.

There is a strict legal process to follow to complete this work correctly, and utilizing an Oregon gun rights restoration lawyer can ensure that every step is followed correctly, working to help you complete the process without error the very first time. Attempting to petition the court with a criminal history that makes you ineligible for the process will likely lead to endless wasted time and money.

What is a Contested Hearing?

In some cases, those petitioning the court will be required to participate in what is known as a contested hearing. This means there is opposition to the petition for gun rights restoration, calling for the presentation of clear and convincing evidence that the petitioner poses no threat to the safety of the community or themselves. Meeting this standard is the burden of the petitioner and their lawyer.

Proving that a person no longer poses a threat to the community or themselves is a legal hurdle that calls for an experienced rights restoration attorney. Having good character witnesses can be an essential part of a contested hearing, showing community support and a strong personal support system. People will need to work closely alongside an attorney to demonstrate their good character and show that they should be eligible to have their firearm rights restored.

State Gun Rights vs. Federal Gun Rights

A successful petition under ORS 166.274 will restore an individual’s Oregon gun rights. In many cases, an individual’s federal firearm rights will also be restored through this process, but there are cases when only state firearm rights are eligible to be restored. It is important to discuss this distinction and its legal implications with a knowledgeable Oregon gun rights attorney prior to the process.

Discuss Rights Restoration with an Experienced Gun Rights Restoration Lawyer

Talking with an attorney about your legal options can help an individual find the right path back to lawful possession of firearms. A brief phone consultation can usually help you understand your situation and what options exist that would be best suited to your needs.

Whether it’s for hunting, target practice, or personal protection, the right to possess firearms in Oregon is meaningful for many. You have the legal right to possess firearms, and for those who have been convicted of a crime in the past, it is worth exploring your options if you value this right. Eligibility and costs can usually be determined during a brief consultation with a firearm restoration attorney.

Find Answers To Frequently Asked Questions

Explore these frequently asked questions regarding gun rights restoration here in Oregon.

Can I restore my gun rights in Oregon?

Yes.

There are multiple legal options available for restoring your right to purchase and own firearms in Oregon. Lohrke Law can consider the details of your case and background and best advise you on the next steps for having your gun rights restored. The team at Lohrke Law can petition the courts to restore your rights, but also explore criminal record expungement and felony reduction when appropriate. Your case remains unique to you and will require personalized legal representation.

How much does it cost to restore gun rights in Oregon?

The fees for gun rights restoration can vary depending on the circumstances of your criminal record. Most cases run from $1400 to $3,500. Speak to the gun rights restoration attorneys at Lohrke Law for a quote.

How long before a convicted felon can own a gun in Oregon?

Those convicted of federal crimes and residing in Oregon will not have their gun ownership rights restored automatically. Restrictions on owning firearms as a convicted felon are often for life. You can learn legal options for convicted felons wishing to restore their gun rights by speaking with an experienced firearm rights attorney and exploring expungement, felony reduction or firearm rights restoration.

What disqualifies you from owning a gun in Oregon?

Most people’s firearm prohibitions are due to past felony convictions or misdemeanor convictions for domestic violence. Additional restrictions result from active orders of restraint, such as stalking or restraining orders, bad conduct discharges from the military, having been adjudicated as ‘mentally defective,’ or for being a user of illegal drugs. Lohrke Law’s firearm rights attorneys can help analyze each restriction, as well as delays and denials on firearm background checks.

Does Oregon have background checks for firearm purchases?

Yes.

All purchases of firearms in Oregon require a criminal background check to be completed, regardless of whether you are purchasing from a dealer or from a private seller. There are limited exceptions for some family transfers. The Oregon State Police maintains a criminal background check system specifically for firearm purposes called the Firearms Instant Check System.

The check must be completed before the purchase, often requiring buyers to wait several days for the background check to be completed. Long delays can be common, and Lohrke Law is able to help determine the reason for a delay and determine whether it can be fixed.

How do I know if my gun rights have been restored in Oregon?

Working directly with a qualified attorney who maintains experience specifically in gun rights restoration can ensure your legal rights for purchasing and owning firearms have been restored. Gun rights in Oregon are not automatically restored, and you will be required to work directly with your attorney on this matter.

Can a felon get gun rights back in Oregon?

Yes, but not all felons can have their gun rights restored in Oregon. Eligibility is based on each individual’s criminal history. Some crimes make individuals permanently ineligible to have their firearm rights restored. In some cases, clients can explore a felony reduction or set aside alongside a qualified attorney. Each case is unique, and you will need to speak to an attorney to learn whether or not you qualify.

Are gun rights automatically restored after 15 years in Oregon?

There are some cases where, once 15 years have passed after the completion of a sentence, firearm rights are automatically restored.

This is reliant on whether the conviction was a person felony and their criminal conviction did not involve the use of a firearm or deadly weapon. This is only available to individuals who have one felony conviction.

How long does firearms rights restoration take?

The entire legal process from initial consultation to case completion could take anywhere from three months to an entire year. Each case is unique, and speaking with your attorney can help you better understand timelines.

Contact Lohrke Law Directly To Learn More

Even if you are curious as to whether you qualify to have your gun rights restored, taking part in a free consultation can help you better understand if you are eligible. Lohrke Law maintains years of success in cases just like yours, helping everyday people exercise their legal rights to own and operate firearms here in Oregon. Our team remains incredibly well-versed in these matters, capable of representing your best interests and working on your behalf to facilitate the often complex legal process.

There is no risk to you for simply speaking with us and discussing such matters. Our consultations are entirely free, with no obligation to purchase our services.

Call or email us today and contact Lohrke Law for more information.

Take The First Steps To Restoring Your Rights
Schedule A Consultation

Hear From Our Past Clients

"I'm very satisfied with how my expungement was handled, they were very professional and helped ease a lot of anxiety I had throughout the process. Thank you so much for everything!"

Michael J.

"Working with Lohrke Law and his firm to have my record set aside was an excellent experience. From the start, he provided clear, step-by-step information about the entire process and made sure I understood what to expect along the way. Anytime I had questions, he was quick to respond and always willing to help. Having my record set aside has already opened the door to better job opportunities and given me a true fresh start. I'm very grateful for Lohrke's professionalism, guidance, and support throughout the process. I highly recommend his firm to anyone looking to have their record set aside—you'll be in great hands."

Jessica L.

"Solid work A+++ Jesse erased a lengthy criminal record for myself and a friend in multiple states in a short time for a good price. I would highly recommend Lohrke Law to anyone cleaning up a criminal record. Just call and leave a voicemail and they'll call you back. This is the place to go."

David

"Jesse guided me through a very messy and challenging DHS dependency case, and I feel incredibly lucky to have had him represent me. He helped me win one of my kids back during the case itself and then preserved my rights and set me up perfectly to win in the appeal process. Throughout the entire case, Jesse was respectful of me and my wishes for my family, and how I wanted to approach my case. He's not afraid to take a case to trial, and he's good at it. To put it simply, Jesse Lohrke is a badass attorney, and I wish anyone going through a legal case could have an attorney like him."

T.G.
Dependency Client, Bend, Oregon

"Jesse Lohrke was so awesome to work with and answered all my questions thru out the whole process. He made sure I was aware of how everything worked in the 3 different counties. He was on it when I asked if there was anything he could do to get Multnomah county to speed up the process and he filed a motion and the judge signed it! Thank you very much and I would highly recommend him to anyone."

Craig F.

"Professional upstanding experienced Attorney! Mr. Lohrke exceeded my expectations with his knowledge along with great communication and feedback to any questions I have had. I found Lohrke Law to be more than generous with affordable representation!"

Tammy W.

"I would like to express to you and your staff my gratitude for your help in restoring my gun rights. In December I was able to purchase my first legal handgun, and tonight in the mail I received my concealed carry license for the state of Oregon. My only regret is I didn't pursue this further at an earlier date, apparently though God had a different path that led me to you. I have passed on your name and website to a few individuals, explaining how you helped me. Again, thank you very much."

J.H.
Rights Restoration Client, Union County, Oregon

"Lohrke Law made this whole process very easy for me and would always keep me in the loop about how the process was moving. Jesse and Ashley were very kind, professional and efficient. I'm so grateful for their services and professionalism. Highly recommend!"

Maridee

"First off I would like to say thank you for the help. Great knowledge and very helpful through my situation. Jesse actually cared and helped me very much. If you are looking for a great and professional lawyer, give him a call and see if he fits your situation. I will definitely be a returning client of his if I need help with any other legal situations."

Skyler W.

"Lohrke law was great! I've been trying to get information on state gun laws for years with no such luck. I scheduled a phone call with Lohrke law and got great feedback and direction. These guys are good."

Jeff D.

"Really happy with the help and service I received from Jesse and his office. He successfully got every conviction/arrest off my record and he got it done pretty quick (really depends on the court) but he did his part in the beginning and end very quick and I didn't have to wait too long on the Court. Now mine says "NO RECORD FOUND." If your convictions are eligible and you want to hire someone to help, Jesse knows how to do it. Dealing with him and his office was easy, they're professionals...thanks for the help!"

Geddy J.

"Earlier this year, I retained the services of Jesse Lohrke for an old legal issue that has prevented me from purchasing firearms or hunting. From the moment I stepped foot in the Office of Jesse and his team, I was treated with nothing but kindness, professionalism, understanding. Jesse's paralegal at the front desk in particular, has kept me abreast of each step in the process with true compassion, concern, and professionalism. The cost, process, and timing, have been exactly as I was quoted. I feel like I could not have found a better set of hands to deal with my legal issue than Jesse and his team.

D.B.V.

"I live in Florida but called Jesse Lohrke with some issues with a past Oregon record and expungement that I wanted to take care of. Jesse took the time to look up my record, explain everything to me in detail, including challenges I may face, and despite being able to do it himself, thought it would be in my best interest to use another lawyer in the county of the issues since there are some unique challenges specific to Marion County. That showed me a lot about the integrity of this firm. Once I get certain things resolved, I will absolutely be using Jesse Lohrke for my record expungement!"

Ashley C.
Florida

"Absolute superheroes work here. I hope every employee wins the lottery and has perfect health. Got robbery expunged, it was a bs charge to begin with, but regardless it was my third felony across two states (I was a wild child) and it has been wiped. I paid $1500 flat, the results are worth so much more to me, I cant begin to explain. 7/5 stars, 110% recommend. Thank you Lohrke."

Chance V.

Take The First Steps Towards Restoring Your Rights

Not sure if your record can be cleared or which rights you can get back? That's where we come in. Get in touch today and schedule a phone consultation. We'll discuss your situation, walk you through your options, and determine a clear plan to move forward.

Even if you don't live in Oregon, if there is an Oregon record, we can discuss your options.

Schedule A Consultation
Judge in robes signing a document at the bench, with a gavel in the foregroundMan in a suit signing a legal document