Can Felons Own Guns in Oregon?
In Oregon, the laws surrounding firearm ownership for felons are complex and multifaceted. In this article, we’ll delve into the nuances of Oregon’s laws to provide a clear answer to this question.
Short Answer:
No, in Oregon, felons are generally prohibited from owning or possessing firearms.
Legal Background:
The Constitution’s Second Amendment protects an individual’s right to bear arms, but federal and state laws place certain restrictions on who can own firearms. In Oregon, felons are prohibited from owning or possessing firearms due to their criminal history.
ORS 166.270 – Prohibited Persons:
Oregon Revised Statute (ORS) 166.270 states that individuals convicted of a felony or an infraction under state or federal law are prohibited from owning or possessing firearms, including rifles, shotguns, handguns, and antique firearms.
Felony Convictions:
Oregon law defines a felony as a crime punishable by a maximum term of imprisonment exceeding one year. Examples of felony convictions include:
- Murder
- Manslaughter
- Robbery
- Burglary
- Rape
- Aggravated theft
- Fraud
- Drug offenses
- Sexual offenses
Prohibition on Firearms Possession:
Once an individual is convicted of a felony, they are permanently prohibited from owning or possessing firearms, unless they meet certain legal exceptions.
Exceptions:
There are some exceptions to the prohibition on firearm ownership for felons in Oregon:
- Clemency: A pardon, commutation, or annulment of a conviction can restore an individual’s right to own or possess firearms.
- Governor’s Discretion: In rare cases, the Oregon Governor may grant an exception to the prohibition on firearms possession, typically in instances where the individual has shown significant rehabilitation and demonstrated that they are no longer a threat to public safety.
- Restoration of Rights: Oregon has a process for restoring firearms rights to individuals who have been convicted of a felony but have completed their sentence, including any probation or parole, and have shown rehabilitative progress.
State and Federal Law Compliance:
It’s essential for individuals with felony convictions in Oregon to understand that both state and federal laws apply to their rights to own or possess firearms. Failure to comply with either state or federal law can result in serious consequences, including criminal charges.
Federal Prohibitions:
The federal government has its own laws regulating the possession of firearms, particularly for individuals with felony convictions. Under the Federal Gun Control Act of 1968, any individual convicted of a felony is prohibited from possessing a firearm.
Table: Oregon Felony Crimes Prohibiting Firearm Possession
Felony Crime | Description |
---|---|
Murder | The killing of another human being with malice aforethought. |
Manslaughter | The killing of another human being without malice, but with reckless disregard for human life. |
Robbery | The taking of property from another person through force or threat of force. |
Burglary | The unauthorized entry into a dwelling, vehicle, or other property with the intent to commit a crime. |
Rape | Non-consensual sexual intercourse. |
Aggravated Theft | The theft of property worth over $10,000, or the theft of certain types of property, such as vehicles or livestock. |
Fraud | Intentionally deceiving another person or entity for financial gain. |
Drug Offenses | Any conviction related to the possession, distribution, or manufacturing of illegal drugs. |
Conclusion:
In summary, felons are generally prohibited from owning or possessing firearms in Oregon, and this prohibition is governed by both state and federal law. While there may be exceptions to this rule, individuals with felony convictions in Oregon must understand their rights and obligations under Oregon law and federal law. If you are a felon and are unsure about your ability to own or possess a firearm, it is strongly recommended that you consult with an attorney or law enforcement agency for guidance.