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Washington County Oregon Firearms rights restoration

Discussion in 'Firearm Laws & Legal' started by Invisigoth, Nov 19, 2016.

  1. Invisigoth

    Invisigoth Hillsboro New Member

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    Hello.

    I am new to the forums and tried to do a search, but did not find exactly what I am looking for. About 15 years ago I was convicted of some felonies in Washington County. I am not eligible to have my record expunged due to the nature of my crimes. I am looking to have my rights restored. i have several questions in regard to this. First thing is, anyone in Washington County had this achieved? Second thing is, what is the process and where do I get the paperwork for this? Third, do I need to get a lawyer or can this be achieved by myself? And finally is there a rough idea if what this would cost? Thanks in advance.
     
    Larrytpdx likes this.
  2. No_Regerts

    No_Regerts United States Well-Known Member

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    Get a lawyer.
     
  3. Alexx1401

    Alexx1401 Pierce County WA Well-Known Member

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    Assuming you can't afford a lawyer is there a legal aid office anywhere near you? If so call them and make an appointment. They may be able to point you to a place to start at least. If you want the right to vote again every state has different laws on that. I'm sure if you start Googling it there must be tons of info on this. Not sure how much of it would be bogus though. It's going to tale someone with some knowledge of law to really get any real answers.
     
  4. Invisigoth

    Invisigoth Hillsboro New Member

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    In Oregon, felons are allowed to vote once the sentence has been completed and the offender has been released. It is encouraged that you still register to vote and vote as elections come up. However having said that, I am not sure what the laws are in other states.
     
  5. The Heretic

    The Heretic Oregon Well-Known Member

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    When it comes to things like this, a lawyer is your best bet.
     
  6. jbett98

    jbett98 NW Oregon Bronze Supporter Bronze Supporter

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    Find a lawyer that specializes in exactly this type of problem.
    I just expunged my 1980 class b misdemeanor conviction in Utah and the nice court clerk lady that I worked with told me that a lot of clueless lawyers call her for advice and that I was saving a lot of money by doing all of the legal work myself.
     
    Last edited: Nov 19, 2016
    Stomper and Alexx1401 like this.
  7. jbett98

    jbett98 NW Oregon Bronze Supporter Bronze Supporter

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  8. Larrytpdx

    Larrytpdx Portland, OR Bronze Supporter Bronze Supporter

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    See an attorney. They will usually give initial consultations for around $50 for 1/2 hour..
     
  9. Invisigoth

    Invisigoth Hillsboro New Member

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    Jbett unfortunately I have looked at all that and know for a fact that I cannot have it expunged. So the options are Governor's pardon, which is extremely rare and unlikely, or petition the courts to have the rights reinstated. I will try the attorney route, at least a consultstion. I was just more or less hoping someone might have had experience with the petitioning and specifically in Washington county. I know it can be done, just wondering cost if it's been done and how difficult. From my understanding some places are a lot harder than others, like Washington state/Pierce county. I am thankful that I don't have to go there.
     
  10. Diamondback

    Diamondback A cold, wet green Hell Well-Known Member

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    Bear in mind you'll still be a Prohibited Person under Federal law--State and Fed differ, and while there's supposed to be an office and process for Federal rights restoration Congress has consistently refused to fund it.
     
  11. Invisigoth

    Invisigoth Hillsboro New Member

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    I do understand that sort of. However just now reading the BATF big book of laws, it appears that it also states under ORS 166.4 70 that an FFL cannot sell to someone that has a felony except if they have had their record expunged, received rights restoration under federal law 18 USC 925(c) or ORS 166.274. So it is a little confusing, but if I understand correctly it sounds like federally it's a non issue. I could be wrong, definitely not a lawyer.
     
  12. Diamondback

    Diamondback A cold, wet green Hell Well-Known Member

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    Federally it's a VERY big issue--last I knew, only a pardon or a 925(c) removes the PP label on the Federal level, so you can be perfectly legal in an Oregon State court and still be charged Federally.

    This is also why CPL applications note that you can be issued a permit and Good2Go under State law and *still* a Prohibited Person under Federal--you REALLY need an attorney who deals with Federal cases on this one. And don't talk to anyone except your lawyer, because anything you say here or to any third party is potentially grist for the mill of Opposing Counsel, [edit: and has none of the protection of Attorney-Client Privilege].
     
    Last edited: Nov 20, 2016
  13. cooper

    cooper molalla Bronze Supporter Bronze Supporter

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    Blackpowder....bow....trained attack dogs...pre 1900s relics....wife get CC....
     
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  14. CountryGent

    CountryGent Southern Oregon Gold Supporter Gold Supporter Bronze Supporter

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    This one may not be legal for the original poster. The Oregon Firearms Federation (OFF) has details here. However, he really should consult an attorney.
     
  15. WALawyer

    WALawyer Tacoma, WA Member

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    This is wrong. If you've had your civil rights and firearm rights restored by the state where you were sentenced, federal law does not consider your state conviction as prohibiting firearm possession. 18 USC s 921(a)(20).

    I do restorations in Washington but I'm not licensed in Oregon. I can recommend someone who is if you PM me.
     
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  16. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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    I have had a different experience than this. I had prohibiting charges in Idaho, which I was granted a full unconditional pardon for. As far as Idaho is now concerned my record is spotless.

    When I first got my rights back I was denied during a background check because even though Idaho pardoned me I was living in Washington and Washington law states that a pardon from another state only restored firearms rights if it was granted due to a finding of rehabilitation. My pardon did not state that so the FBI, not the state of Washington, decided I was ineligible... which was crazy because Washington did not agree, in fact they had granted me a CPL and I had never had anything other than a speeding ticket in Washington and I had a Washington judge tell me that was not how he interpreted the law. It took a year of fighting, letters from a Idaho senator and Idaho Supreme Court justice to get the FBI to relent. It was really infuriating for both states involved to say I was good to go yet the FEDs deny a BGC.

    My rights restoration started in 2006 (charges were in the 90's) and I am still fighting, always get delayed and maybe 40% of the time denied.

    I currently have a lawsuit underway sueing the FBI for violating my rights (for denying me after they shut down the appeal division)

    I would guess I have spent $15k at this point fighting, virtually all of it after my rights were restored (I think I spent less than $1000 to get my rights back)

    I suspect my experience is not typical and it is not consistent.

    I have a dozen NFA items purchased since my rights have been restored, never had a single issue with a form 4 transfer

    However I have been denied buying a .22 which I then appealed which the appeal was also denied resulting in a 18 month long legal battle with the FBI costing thousands of dollars (which they eventually approved after a year and a half)

    I don't know how typical my experience is but it has been difficult and costly for me to exercise my firearms rights, but I feel like I have no other option.

    I should also point out my main attorney is Alex Kincaid who is one of the most respected 2nd amendment lawyers in the community. I'm not having these issues due to lack of competent help.
     
    SKrueger likes this.
  17. WALawyer

    WALawyer Tacoma, WA Member

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    ^ Notice I said federal law and not the FBI/ATF. What is written and how it's enforced are often not the same, unfortunately.

    What court is your lawsuit against the FBI in and what's the cause #? I'm curious what your lawyer's cause of action is because based on all of the research I've done, there is no recourse for monetary damages because you can't sue the feds under 42 USC 1983 and you can't sue as a Bivens action either.
     
  18. IronMonster

    IronMonster Washington Opinionated Member Diamond Supporter

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    I have no idea. I know we are not seeking monetary compensation and she is doing the work pro-bono. They have been doing ground work on the case for 6 months or better. My understanding is she wants to do this because it has the potential to be a precedent setting case and simply the right thing to do.

    The crux of the argument being because of the suspension of the appeals process I am being unjustly denied my 2nd amendment rights without recourse.
     
  19. uscsoldier

    uscsoldier Salem, OR Bronze Supporter Bronze Supporter

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    • No convictions for Class A or B felonies may be set aside or expunged.