Firearm Rights & Reinstatement
If you have a felony conviction on your record that is preventing you from owning or possessing a firearm then the first thing that you should do is determine if it is expungable or not. If it is not eligible for expungement, this does not mean that you should give up.
Under ORS 166.274 you can ask a judge to reinstate your firearm rights. This requires filing what is called a “petition” where you describe to the judge why your firearm rights should be restored. The burden is on you to prove to the judge that you are not a danger to yourself or the community.
WHAT ARE MY CHANCES OF WINNING?
If you hire me then your chances of winning are very good. In fact I rarely lose a firearm right reinstatement case. At the hearing the judge will want to hear from you. It is important that you prepared for what you want to tell the judge. The judge is likely to be interested in the following issues at your hearing:
• Why you want your rights reinstated.
• The facts of your underlying felony conviction.
• Any trouble you have been in since your felony conviction.
• Where you work, what you do for fun, who you spend your time with, whether you drink alcohol, and if you have a family.
It is also effective to call other witnesses in your case. I frequently call family and friends to testify on my clients’ behalf.
CAN THE POLICE OR THE STATE TRY AND STOP THIS?
Yes. Not only can the police or district attorney come to your hearing and object to reinstatement, but anyone can come and object. If you believe someone intends on objecting to your right being reinstatement then it becomes very important for you to have a lawyer at the hearing.
CALL FOR A FREE CONSULTATION
If you have questions about whether your felony conviction will qualify for reinstatement then call me. I can give you this answer over the phone in a few seconds. If you are thinking about asking the judge to reinstate your firearm rights then call me for a free consultation.