Restoring gun ownership rights
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Restoring gun ownership rights

| May 7, 2020 | Firm News |

People in Oregon City (and throughout the rest of the U.S.) freely enjoy the exercise of their rights. Among these is gun ownership, with the Pew Research Center reporting that 30% of American adults own a firearm. However, like many rights, one can lose the right to own and possess a gun due to criminal activity.

What happens, however, when one pays their debt to society? Should their punishment continue even after the completion of their criminal sentence? A wide range of opinions exist on this matter, yet fortunately, the law does not rely on opinion when it comes to the restoration of gun ownership rights.

Gun rights restoration following the fulfillment of criminal penalties

Many states only allow the restoration of the gun rights of one convicted of a crime with the pardoning or granting of clemency to that person. Yet Oregon does not rank among them. That is not to say that the state’s gun rights restoration laws are not strict. Indeed, according to the Restoration of Rights Project, people who have not experienced more than one felony conviction can have their gun rights restored 15 following the discharge of their sentences. The exception to this rule is those convicted of a felony involving a weapon (in which case, restoration can only come through a pardon). A person convicted of a non-violent felony can have that waiting period shortened to one year by submitting a petition to the circuit court overseeing the jurisdiction in which they live.

Restoration following offenses committed as a juvenile

One convicted of a felony offense while still a juvenile can have their gun ownership rights restored four years after the discharge of their sentence. Authorities may choose to bar the restoration, however, if the person is currently dealing with an adult felony conviction (or was within one year of seeking restoration).