Restoration Of Gun Rights
Losing your right to anything is a big deal. Not being able to get them back is frustrating. At Shelley L. Fuller PC, we know how to petition to restore those rights.
For some people, nothing is more important than their 2nd Amendment rights to bear arms. It may be for home protection, hunting or just shooting practice with friends. Whatever your reason for wanting to possess a gun, those rights can be taken away if you’re convicted of a felony or domestic violence offense. We know how to get those rights back.
The two primary ways to get your gun rights restored in Oregon. Expungement and a Petition for Gun Rights Restoration.
Oregon’s expungement laws (ORS 137.225) were recently modified to allow for more serious convictions to be expunged and in some cases, shorter waiting periods before you can file to expunge. THe process involves filing motions with the court seeking expungment. We have filed hundreds of expungments throughout Oregon to help people finally erase those mistakes they made in their younger years. Can you file for expungement on your own? Sure, but hiring us will ensure that you’ve expunged everything on your record whether it's a conviction, record of arrest, or a case that was eventually dismissed. It's always there until it's expunged.
If expungment does not help you to restore your gun rights, you may have to file a Petition with the court to have them restored.
Petition for Restoration of Gun Rights
Oregon’s gun rights restoration laws (ORS 166.274) allow for a person whose gun rights were taken away to Petition to have them restored by filing a Petition in the county in which they live. Once filed, the Petition will be served on the local Sheriff’s office. Typically, the Sheriff, through their county or city lawyers, will file a Response to the Petition indicating that they object to restoration of gun rights or that they have no objection. If an objection is filed, the court will schedule a hearing to hear from you and any witnesses you wish to call to determine if you remain a danger to the community.
ORS 166.274(7): If the petitioner seeks relief from the bar on possessing or purchasing a firearm, relief shall be granted when the petitioner demonstrates, by clear and convincing evidence, that the petitioner does not pose a threat to the safety of the public or the petitioner.
If the court grants your Petition to restore your gun rights, a certified copy of the court’s order will be sent with a copy of your fingerprints to the Department of State Police, criminal records division, to confirm restoration of rights.
It is important to note that a Judgment restoring gun rights in Oregon, does not restore a person’s rights to possess guns across state lines or in other states. Talk to an attorney before you cross that state line to make sure you are not putting yourself at risk for new criminal charges either federally or in other states.
License Suspensions and Revocations
There are many reasons for someone to lose their license in Oregon. It could be because the person has received too many traffic tickets. It could be that they were convicted of a traffic crime. Finally, it could be that your license was revoked for having too many DUII convictions. Don’t let that stop you from getting advice on how to get your license restored.
License Suspensions Due to Alleged Mental and Physical Conditions Causing Impairment.
The Department of Motor Vehicle (DMV) has the authority to suspend someone’s license if they receive a report that a person is not competent (not safe) to drive a car or motorized vehicle.
ORS 809.419(3)(a) states: The department may suspend the driving privileges of a person who is incompetent to drive a motor vehicle because of a mental or physical condition or impairment that affects the person’s ability to safely operate a motor vehicle upon the highways.
Oftentimes, these reports of incompetence come from medical or healthcare providers who have recently provided care to an elderly person. Give us a call if this happens to you. We will be happy to review the circumstances and request an administrative hearing on your behalf if you wish to go down that road.
Contact My Law Office To Discuss Your Legal Options
If you have lost your gun rights due to a criminal conviction, I am here to protect your rights. Contact my law office today online or by telephone at 503-626-1808 to arrange a consultation with an experienced Beaverton defense attorney.