The Second Amendment to the U.S. The Constitution guarantees the right of citizens to keep and bear arms. However, laws and regulations exist at both the federal and state levels that restrict who can own a gun and under what conditions.
While federal gun laws apply to residents of all states, Oregonians who wish to acquire or maintain ownership of a gun need to be informed about the state’s gun laws as well. If you’ve been convicted of a misdemeanor or felony offense in Oregon, you need to know your rights so you can exercise them safely and responsibly.
Our experienced criminal law attorneys at Russell Law Group are fierce advocates for the rights of all Oregonians. We’re here to help you understand gun ownership laws in the state and how to navigate them.
Gun laws in Oregon
With some exceptions, federal law generally prohibits the purchase or possession of firearms by people who have been convicted of a felony, as well as some domestic violence misdemeanors and court orders.
Oregon imposes further restrictions on the following:
- Who can legally own or possess a gun: The law prohibits “Disqualified Persons” from possessing a firearm, while all persons under 18 years of age must meet specific requirements.
- Where and how guns can be carried and used: Except for on-duty authorized personnel, no one may possess a firearm in court facilities or within Portland International Airport,
- Transfers and sales of guns: Oregon gun dealers must adhere to specific requirements, which include completing a background check before any transaction, obtaining certain information about the buyer, requesting an official buyer background check, and keeping records for at least five years.
Owning a gun with a criminal record in Oregon
Gun ownership and misdemeanors
In Oregon, a misdemeanor is defined as a crime carrying a maximum penalty of no more than one year in prison. Misdemeanors are considered to be less severe than felonies. They include a broad range of offenses divided into four classifications based on the severity of the crime: Class A, Class B, Class C, and Unclassified.
Can you buy a gun if you’re convicted of a misdemeanor?
Generally speaking, a misdemeanor conviction won’t prevent you from legally purchasing a firearm. However, a qualifying misdemeanor crime of domestic violence will result in a lifetime prohibition on gun and ammunition ownership.
Can you keep a gun if you’re convicted of a misdemeanor?
A non-violent misdemeanor conviction will not impact your legal gun ownership. However, those convicted of a qualifying misdemeanor of domestic violence will be prohibited from possessing a firearm regardless of the date of purchase.
Gun ownership and felonies
Under Oregon law, a felony is broadly defined as any crime that, upon conviction, carries a penalty of imprisonment of more than one year. Like misdemeanors, there are four classifications of felony offenses for the purpose of sentencing: Class A, Class B, Class C, and Unclassified.
Can you buy a gun if you’re convicted of a felony?
Those with a felony conviction in Oregon, any other state, or on federal charges are prohibited from purchasing firearms.
Other circumstances that disqualify a person from buying a gun in Oregon include:
- Those with an outstanding felony warrant
- Those with an out-of-state misdemeanor warrant
- Those on any form of pretrial release on felony charges
Can you keep a gun if you’re convicted of a felony?
A felony conviction disqualifies a person from possessing a firearm in the state of Oregon, even if the gun was purchased before the crime or conviction.
Next steps for restoring your right to gun ownership in Oregon
Your past doesn’t have to determine your future. In many cases, people convicted of crimes in Oregon that restrict them from owning or possessing a firearm can petition for relief from prohibition.
Your chances of getting your rights back are substantially higher if you work with an experienced gun rights restoration attorney. At Russell Law Group, we’re relentless advocates for our clients.
We’ll review the details of your case and situation. If there’s a chance of filing a successful petition, we will fight tirelessly for you as we help you navigate the legal process.
You deserve fierce, competent, and compassionate representation
Whether you’ve been previously convicted of a criminal offense or you have an outstanding warrant or court order that restricts your right to own a gun, you don’t have to simply accept your situation.
At Russell Law Group, our criminal law attorneys are armed with the experience, knowledge, and skill required to secure the optimal outcome in your case. We’re unwavering in our fierce defense of our clients. We’re here to listen to your story and help you fight for what’s right.