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I am not looking for legal advice.
Just a conversation and opinions or experiences about the law.
Does anyone know any who has been convicted of only ONE(1) non violent felony getting their rights restored in Oregon? I am about to hire an attorney to try to do this.
I was convicted of Felony forgery 20 years ago in California and am not able to expunge the record due to a technicality.
Lawyer says he does this all the time. Only thing is, still will not be able to purchase through FFL. and the Right is only restored in Oregon.

(1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any firearm commits the crime of felon in possession of a firearm.


(2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in ORS 165.540, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.

(3) For the purposes of this section, a person "has been convicted of a felony" if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if:

(a) The court declared the conviction to be a misdemeanor at the time of judgment; or

(b) The offense was possession of marijuana and the conviction was prior to January 1, 1972.

(4) Subsection (1) of this section does not apply to any person who has been:

(a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or


(b) Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 or has had the person's record expunged under the laws of this state or equivalent laws of another jurisdiction.


(5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003 c.14 §64; 2009 c.189 §1; 2009 c.499 §3

ORS 166.274¹
Relief from prohibition against possessing or receiving firearm:


Except as provided in subsection (11) of this section, a person barred from possessing or receiving a firearm may file a petition for relief from the bar in accordance with subsection (2) of this section if:

(a) The person is barred from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c)(A), (C) or (H) or 166.270 (Possession of weapons by certain felons); or

(b) The person is barred from receiving a firearm under ORS 166.470 (Limitations and conditions for sales of firearms) (1)(a) or (b) or, if the person has been convicted of a misdemeanor involving violence, ORS 166.470 (Limitations and conditions for sales of firearms) (1)(g).

(2) A petition for relief described in this section must be filed in the circuit court in the petitioner's county of residence.

(3) A person may apply once per calendar year for relief under the provisions of this section.

(4)(a) A person petitioning for relief under this section shall serve a copy of the petition on:

(A) The city chief of police if the court in which the petition is filed is located in a city; or

(B) The sheriff of the county in which the court is located.

(b) The copy of the petition shall be served on the chief of police or sheriff at the same time the petition is filed at the court.

(5)(a) When a petition is denied, the judge shall cause that information to be entered into the Department of State Police computerized criminal history files.

(b) When a petition is granted, the judge shall cause that information and a fingerprint card of the petitioner to be entered into the Department of State Police computerized criminal history files. If, after a petition is granted, the petitioner is arrested and convicted of a crime that would disqualify the petitioner from purchasing or possessing a firearm, the Department of State Police shall notify the court that granted relief under this section. The court shall review the order granting relief and determine whether to rescind the order. The Department of State Police may charge a reasonable fee, under ORS 192.324 (Copies or inspection of public records), for the entry and maintenance of information under this section.

(6) Notwithstanding the provisions of ORS 9.320 (Necessity for employment of attorney), a party that is not a natural person, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section.

(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.

(8) Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as is practicable thereafter, but not more than 30 days thereafter. The judge shall then make findings and conclusions and issue a judgment based on the findings and conclusions in accordance with the requirements of law.

(9) A person filing a petition under this section must pay the filing fee established under ORS 21.135 (Standard filing fee).

(10)(a) Initial appeals of petitions shall be heard de novo.

(b) Any party to a judgment under this subsection may appeal to the Court of Appeals in the same manner as for any other civil action.

(c) If the governmental entity files an appeal under this subsection and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party.

(11) The court may not grant relief under this section to a person who:

(a) Has been convicted of a person felony, as that term is defined in the rules of the Oregon Criminal Justice Commission, or the statutory counterpart to a person felony in any other jurisdiction, if the offense involved the use of a firearm or a deadly weapon as defined in ORS 161.015 (General definitions);

(b) Has been convicted of an offense listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or the statutory counterpart to an offense listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) in any other jurisdiction; or

(c) Is currently serving a felony sentence as defined in ORS 10.030 (Eligibility for jury service) or has served a felony sentence in the one-year period preceding the filing of the petition. [1989 c.839 §11; 1991 c.67 §37; 1993 c.732 §§3,4; 1995 c.518 §2; 1995 c.658 §88; 2009 c.499 §2; 2009 c.826 §§19,20; 2010 c.86 §§1,2,3; 2011 c.595 §§59,60; 2011 c.662 §§3,4; 2015 c.7 §§6,7; 2015 c.201 §4; 2015 c.497 §§5,6]
 
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I was also told today about 5 minutes ago by an attorney. That I do not need to do the petition because the prohibition on possession of firearms includes any gun you own, possess or have under your custody and control. There are limitations and exceptions. A person who has been convicted of a single non-violent felony, and who has been discharged from parole for more than 15 years, is not subject to this law. However, they are subject to the misdemeanor crime of Unlawful Possession of a Firearm.

In order to convict you of Felon in Possession of a Firearm, the state must prove that (1) on a certain day (2) in a certain county (3) in Oregon (4) you (5) possessed a firearm; and (6) you have been convicted of a felony in any state or federal court.

It is also worth considering the Federal Law implications of being a felon in possession of a firearm. Under the Armed Career Criminal Act, 18 USC _ 924 a person who has been convicted of three or more "serious felonies" (involving violence or drug trafficking) are subject to a minimum sentence of 15 years in federal prison if they are found in possession of a firearm. It is common for state District Attorneys to threaten referral of a person to federal court under this Act in order to force a person to accept a plea offer in state court, usually with a prison term.
 
does anyone have any info on this? what is the reality of the situation..?
Since you already have a lawyer working on this you are in the wrong place. Asking legal advice is ALWAYS a poor choice on any net forum. Anyone here can say anything. The place to get info is a lawyer. The best would be one who makes a point of dealing with what you are doing. Sounds like you have one. Keep us posted how it works out.
 
I am also reading that you can be charged with " unlawful possession of a firearm" if you get caught with one. Very confusing.
 
Since you already have a lawyer working on this you are in the wrong place. Asking legal advice is ALWAYS a poor choice on any net forum. Anyone here can say anything. The place to get info is a lawyer. The best would be one who makes a point of dealing with what you are doing. Sounds like you have one. Keep us posted how it works out.


I'm not looking for legal advice, I am trying to start a conversation about the law.
 
just because state law says so doesn't mean federal does.

if you cant pass a background check than no you should not be able to own a firearm.
 
just because state law says so doesn't mean federal does.

if you cant pass a background check than no you should not be able to own a firearm.

Apparently According The state of Oregon will not refer possession of firearm to feds unless you are a violent offender or convicted of more than one felony.
 
just because state law says so doesn't mean federal does.

if you cant pass a background check than no you should not be able to own a firearm.
Oregon law has a restoration of firearms rights for felons clause in the law. I posted the law in my op.
 
I'm not looking for legal advice, I am trying to start a conversation about the law.

<I am also reading that you can be charged with " unlawful possession of a firearm" if you get caught with one. Very confusing.>

This is just one of the points you made. The only thing this can lead to is speculation. You are asking for legal speculation. Anyone can say anything here. So you plan on taking the "advice" you read in a "conversation" here? Good luck. If you end up in front of a judge how far do you think it will get when you say you heard in a conversation that what you did was ok?
The kind of conversation you are asking for here does no one any good, and if someone takes anything said here as "law" they can end up in trouble. Not that they don't deserve it for taking advice from the net but it does not help anyone. If you want to share the name of the lawyer working on your case that may help others who are looking. If this works out well for you then you may want to share that info. Asking legal advice or "interpretations of laws, especially on guns, is going to do no one any good.
 
<I am also reading that you can be charged with " unlawful possession of a firearm" if you get caught with one. Very confusing.>

This is just one of the points you made. The only thing this can lead to is speculation. You are asking for legal speculation. Anyone can say anything here. So you plan on taking the "advice" you read in a "conversation" here? Good luck. If you end up in front of a judge how far do you think it will get when you say you heard in a conversation that what you did was ok?
The kind of conversation you are asking for here does no one any good, and if someone takes anything said here as "law" they can end up in trouble. Not that they don't deserve it for taking advice from the net but it does not help anyone. If you want to share the name of the lawyer working on your case that may help others who are looking. If this works out well for you then you may want to share that info. Asking legal advice or "interpretations of laws, especially on guns, is going to do no one any good.
I only take advice from my lawyer. I am just starting a conversation to see what others options are on the matter.
 
As far as I know in Oregon that if your Oregon record is expunged you are good to go.
Which means that the record is expunged with the feds as well because the Oregon judge will notify the Feds, and OSP and others of the expunged record.
 
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