How a Harassment Conviction Can Impact Your Gun Rights in Oregon (2024)
Did you know a single harassment conviction can strip away your gun rights, even after you’ve served
your sentence? Recent court decisions in Oregon have made it clear: a conviction for harassment
involving a family or household member qualifies as a misdemeanor that can prohibit you from owning
firearms. If you’re concerned about how this affects your gun rights, here’s everything you need to
know, including the recent State v. Eggers decision and options for restoring your rights.
Oregon Supreme Court Decision: State v. Eggers (2024)
For years, defendants in Oregon have tried to avoid losing their firearm rights by negotiating a
harassment charge instead of more serious domestic violence charges. The belief was that harassment
might not trigger the same firearm prohibitions. However, the Oregon Supreme Court recently closed
that loophole. In State v. Eggers, the court ruled that even a harassment conviction, if it involves
family or household member, is a “qualifying misdemeanor” that results in the loss of firearm rights.
The Facts of the Eggers Case
In this case, the defendant was initially charged with Assault in the Fourth Degree (Domestic Violence)
after an altercation with his brother. The charge was later reduced to harassment under ORS
166.065(1)(a)(A), which involves “unlawfully and intentionally harassing or annoying” someone through
offensive physical contact. After pleading guilty, the issue of whether a firearm prohibition applied
arose.
Under Oregon law (ORS 166.255), any person convicted of a “qualifying misdemeanor” against a family
or household ” member is prohibited from possessing firearms. But what exactly is a “qualifying
misdemeanor”? The statute defines it as a misdemeanor involving the “use or attempted use of physical
force,” which raised the question of whether harassment met that definition.
The Court’s Reasoning: Federal Law and the “Borrowed-Statute Rule”
The Oregon Supreme Court looked to the federal Violence Against Women Act (VAWA) and a key U.S.
Supreme Court decision in U.S. v. Castleman (2014) to interpret the meaning of “physical force” While
the term “offensive physical contact” in Oregon’s harassment law doesn’t perfectly match “use of
physical force, the court ruled that the legislative intent was clear: Oregon’s firearm prohibition law
was meant to align with federal standards. As a result, harassment involving a family or household
member qualifies as a misdemeanor that can strip away gun rights.
Gun Rights After a Harassment Conviction
If you’ve been convicted of harassment involving a family or household member, you are prohibited
from possessing or purchasing firearms in Oregon. Even after completing probation or serving your
sentence, the restriction remains in place.
Can Expunging a Harassment Conviction Restore My Gun Rights?
YES. With a change in the interpretation by the ATF and the Oregon State Police, expungements are now effective in restoring a person’s gun rights after a Harassment conviction. Contact us if you need help expunging your harassment conviction.
Look at our recent blogpost on this dispute here.
Conclusion: Protecting Your Gun Rights After a Conviction
The recent State v. Eggers ruling has clarified that even a conviction for harassment can have serious consequences for your Second Amendment rights. If you have a harassment conviction involving a family or household member, it’s critical to understand your legal options for restoring your firearm rights. Contact us today for a free consultation and see how we can help you regain your rights.
Have questions about your case or gun rights restoration in Oregon? We’re here to help. Contact us today to discuss your legal options.