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Regain Right to Possess Firearm

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Oregon Law offers three ways for a convicted felon to regain the right to possess a firearm.

First, in some cases, a person convicted of a felony can sometimes get a conviction set aside. The Motion to Set Aside is commonly referred to as expungement. The statute which governs the Motion to Set Aside is ORS 137.225. You can read the statute yourself by clicking this link: www.leg.state.or.us/ors/vol4.html Some felonies qualify for expungement and others do not. For example, convictions for sex crimes and class A felonies never qualify while virtually all class C felonies do. There are also strict waiting periods.

Second, if not eligible for expungement, a convicted felon might consider seeking a Pardon from the Governor. Pardons are seldom granted, but this is an option for those who present special merit. The provisions for seeking a Pardon from the Governor are outlined in Article V, Section 14 of the Oregon Constitution, as well as ORS 144.649 through 144.670.

The benefit of a successful Motion to Set Aside or a Governor’s Pardon is that the criminal conviction is erased, and the person will therefore be legal to possess a firearm as a matter of both Oregon and Federal law.

The third option is to utilize a statutory provision under Oregon criminal defense law that allows a convicted felon to regain his right to possess a firearm. Please note that this statutory provision only applies to Oregon’s laws regarding firearms. Even if a person uses this statutory provision concerning retaining of a felon’s right to possess a firearm under Oregon law, it will still be illegal to possess a firearm as a matter of Federal law.

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