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How a DUII Diversion or Conviction Affects Your Gun Rights in Oregon

How a DUII Diversion or Conviction Affects Your Gun Rights in Oregon

Oregon residents who own or carry firearms must be aware of how a DUII (Driving Under the Influence of Intoxicants) arrest, diversion, or conviction can impact their gun rights. A DUII charge can have serious consequences, not only on your ability to drive but also on your right to possess, purchase, or transport firearms. If you have a concealed handgun license (CHL), a DUII can also affect your ability to keep or renew your permit.

Does a DUII Affect Your Right to Own or Possess Firearms in Oregon?

The impact of a DUII on your right to own or possess guns largely depends on whether you participate in a DUII diversion program, are convicted of a misdemeanor DUII charge, or are convicted of a felony DUII charge. Here’s how each scenario can affect your rights:

DUII Diversion and Firearm Rights

  1. Oregon allows some first-time DUII offenders to participate in a DUII diversion program, which allows them to avoid a criminal conviction if they complete certain court-ordered requirements.
  2. While participating in a DUII diversion program, you are not considered convicted under Oregon law.
  3. The diversion agreement itself does not directly restrict your ability to own, purchase, or possess firearms under Oregon or federal law.
  4. However, if the DUII offense is for being under the influence of cannabis or an illicit controlled substance, a person’s gun rights could be affected. See our discussion of “Non-Alcohol DUII and Firearm Purchases” here.

 

DUII Conviction and Firearm Possession Rights

A DUII conviction typically does not affect the right to bear arms, with exceptions:

  1. A single misdemeanor DUII conviction does not automatically prohibit you from owning or purchasing a firearm under Oregon law.
  2. A single felony DUII conviction, which occurs after multiple offenses, will result in a lifetime* firearm prohibition under state and federal law. However, a person could restore their gun rights after a felony DUII conviction. See below for more information.

 

Does a DUII Affect Your Right to Purchase Firearms in Oregon?

The impact of a DUII arrest, diversion, or conviction on your right to purchase a firearm depends on whether the offense is an alcohol DUII, a drug DUII, or a felony DUII.

  1. DUII Arrest: A DUII arrest by itself does not prohibit a person from purchasing a firearm.
  2. DUII (Alcohol) Diversion or Conviction: Except for convictions for a felony DUII, convictions for misdemeanor-level alcohol DUIIs do not affect a person’s right to purchase firearms.
  3. DUII (Drug) Diversion or Conviction: Because a person enters a guilty or no contest plea to enter the diversion program, and a conviction requires either a guilty plea, no contest plea, or guilty verdict to be convicted, a drug DUII diversion or conviction may affect the ability to purchase a firearm under federal law. If the drug used in the DUII offense is cannabis or a controlled substance “used in a manner other than prescribed by a licensed physician,” the conviction or diversion would be a temporary bar to purchasing a firearm for 1 year (18 U.S.C. § 922(g)(3)).

 

Does a DUII Arrest or Conviction Affect Your Oregon Concealed Handgun License (CHL)?

Although a DUII arrest, diversion, or conviction may not affect a person’s right to possess or purchase firearms, they will likely impact your Oregon Concealed Handgun License (CHL). Here’s how:

  1. DUII Arrest: Being arrested for DUII does not result in an automatic CHL suspension. However, if a person is on “pretrial release” for any offense, including DUII, that constitutes grounds to revoke a CHL. This means that if the charge of DUII is filed, and you sign a release agreement from court, you are no longer eligible to keep your CHL.
  2. DUII Diversion (Alcohol): Participating in a DUII diversion program does not result in an automatic CHL suspension. Since a DUII diversion is not a conviction, it generally does not lead to an automatic CHL suspension.
  3. DUII Diversion (Drug/Marijuana): Participating in a DUII diversion program for a non-alcohol DUII (cannabis or any controlled substance) is grounds to deny a CHL application or revoke a previously issued CHL (ORS 166.291(1)(L), ORS 166.293(3)(a)).
  4. DUII Conviction: If you are convicted of a DUII, the impact on your CHL depends on whether the conviction is for a misdemeanor alcohol DUII, a misdemeanor drug DUII, or a felony DUII:
  • A misdemeanor alcohol DUII conviction does not automatically revoke your CHL.
  • A misdemeanor drug DUII conviction does result in the revocation of your CHL.
  • A felony DUII conviction will disqualify you from obtaining or renewing a CHL under Oregon law because it is a felony conviction.

 

Restoring Your Firearm and CHL Rights After a DUII

If your gun rights or CHL were affected by a DUII conviction, you may have legal options to restore your rights:

  1. Expungement (Set Aside): Unfortunately, Oregon law does not allow DUII convictions to be expunged. However, a person may seek a reduction of a felony DUII conviction from a Class C Felony to a Class A Misdemeanor.
  2. Firearm Rights Restoration: If you have lost your firearm rights due to a felony conviction, you may be able to petition for firearm rights restoration through the courts under ORS 166.274.
  3. CHL Reapplication: If your CHL was denied or revoked, you may be able to reapply after a certain period, provided you meet all eligibility requirements.

 

Protect Your Gun Rights: Get Legal Help

If you have been arrested for DUII and are concerned about your firearm rights or concealed handgun license, it is essential to seek legal representation immediately. An experienced Oregon gun rights attorney can help you understand your options and protect your rights.

At Gunn & Gunn, we regularly practice DUII defense and firearm rights restoration. Contact us today for a consultation to discuss how we can help you maintain your Second Amendment rights and navigate Oregon’s complex DUII and gun laws.

Sources

  • ORS 161.705 (Reduction of Certain Felonies to Misdemeanors)
  • ORS 166.291 (Issuance of Concealed Handgun License)
  • ORS 166.293 (Denial or Revocation of License)
  • ORS 166.270 (Possession of Weapons by Certain Felons)
  • ORS 166.470 (Limitations and Conditions for Sales of Firearms)
  • 18 U.S.C. § 922(g)(1), (3) (Firearm Possession, Transfer, and Purchase Unlawful Acts)