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Petition to Restore Gun Rights under ORS 166.274: Who Should File and How to Get Started

Petition to Restore Gun Rights under ORS 166.274: Who Should File and How to Get Started

A conviction for a crime comes with various types of “collateral consequences,” or consequences that extend beyond the court’s sentence. Those collateral consequences include how it affects a person’s housing and job opportunities, their ability to sit on a jury, and their right to possess, own, and purchase firearms. While some states do not allow a person to restore their rights to possess firearms under state law (such as California), Oregon has three procedures for restoring a person’s right to possess and purchase firearms after a criminal conviction (a fourth process applies to permanent stalking protective orders). If you’re looking to restore gun rights in Oregon, this guide explains how to get gun rights back in Oregon through an Oregon gun rights restoration petition under ORS 166.274.

The Three Restoration Procedures After a Conviction

The three procedures to restore a person’s gun rights include: 

  • 1. A motion to set aside the record of conviction under ORS 137.225, commonly known as an expungement or expunction of an adult record, see *Mohiadeen v. Washington County Sheriff*, 338 Or App 29 (2025);
  • 2. A motion to reduce a Class C Felony conviction to a Class A Misdemeanor conviction under ORS 161.705;
  • 3. A petition to restore for relief from the prohibition against possessing or purchasing firearms under ORS 166.274.

One of the most critical steps in restoring a person’s gun rights is knowing which procedure a person should follow and what the eligibility requirements are for that type of relief. 

Who Can’t Restore Their Gun Rights?

Multiple convictions will prevent someone from ever restoring their gun rights under Oregon law because they cannot be expunged or reduced, and they are excluded from a gun rights restoration petition under ORS 166.274. Those convictions include any Ballot Measure 11 offense, which consists of any form of violent sex crimes or child sexual abuse, first- and second-degree assault, any degree of manslaughter, any degree of murder or attempted murder, any degree of kidnapping, and compelling prostitution. This will also include a conviction in another jurisdiction of a similar offense under another state’s law to a Ballot Measure 11 offense that cannot be expunged under that other state’s law. See ORS 137.700. The only way to overcome this is for the Oregon legislature or a ballot measure to pass, changing the law.

Additionally, any conviction for a person-class B felony involving the use of a firearm or a deadly weapon is also a conviction that results in a permanent gun rights prohibition. That is because a person-class B felony cannot be expunged, and any felony conviction involving the use of a firearm or a deadly weapon is ineligible for a gun rights restoration petition.

As a side note, under the proposed federal rule to restore gun rights, these types of convictions are presumptively disqualifying. This means that even with a significant amount of time having passed since the sentence, an application to restore gun rights with the federal government may still be denied. Additionally, a federal gun rights restoration will not restore the person’s right to possess firearms under Oregon law. 

If you don’t know if your conviction resulted in a permanent gun rights ban, call our office to speak with one of our gun rights lawyers.

Finally, only Oregon residents are eligible to file a gun rights restoration petition. A petition must be filed in the Oregon county where the individual resides. No Oregon residency = no petition

Who Should File a Petition to Restore Gun Rights?

Because many convictions may be set aside under ORS 137.225, many individuals do not need to file a petition under ORS 166.274 to restore their gun rights; instead, they often have their rights restored through expungement.

So, because some convictions cannot be expunged, and it may be hard to reduce the conviction from a felony to a misdemeanor, people with the following convictions should petition to restore gun rights. These convictions include:

  • • Assault in the Third Degree (injury to a minor under 10 years of age); 
  • • Criminal Mistreatment in the First Degree (generally, elder or child abuse); 
  • • any non-BM11 sex offense (includes misdemeanors also constituting domestic violence and Class C felony sex offenses which do not fit into the Romeo & Juliet exception); 
  • • Any felony traffic offense (Felony DUII, Fleeing or Attempt to Elude); 
  • • Endangering the welfare of a minor by exposing the minor to sexual conduct or sadomasochistic abuse (ORS 163.575(1)(a)); 
  • • Criminally negligent homicide
  • • Burglary in the First Degree
  • • A non-BM11 Class B person-felony not involving the use of a firearm or deadly weapon
  • • Other non-BM11, nonviolent Class A felonies

Generally, if someone has a conviction that cannot be expunged or reduced to a misdemeanor, they should consider filing a petition to restore their gun rights.

What is the Timeline to File a Petition to Restore Gun Rights?

While there is no specific timeline for filing a petition to restore gun rights, several timelines affect the likelihood of success and whether the petition restores the person’s right to purchase firearms.

ORS 166.274 prevents a person from filing a gun rights restoration petition if they are serving a felony sentence (including probation, parole, or post-prison supervision). A person must have completed their felony sentence at least one year before filing the petition to be eligible to file the petition. 

Most importantly, the person must prove that they do not present a safety risk to themselves or the public. While this requirement does not establish a specific timeline, the judge ultimately determines whether the person presents a safety risk. The more time that has passed since their last criminal offense, the higher the chance they have of succeeding with a gun rights restoration petition. 

Additionally, under federal law, a person cannot purchase firearms until they regain their “civil rights.” What that means is that the person must have their rights to (1) vote, (2) possess firearms, AND (3) sit on a jury restored. The right to vote is restored when a person is released from jail or prison, the right to possess firearms is restored through one of the options above, and the right to sit on a jury occurs 5 years after completing the sentence for a misdemeanor of violence or dishonesty, and 15 years after completing the sentence for any felony. (Current lawsuits will decide whether an expungement under ORS 137.225 restores the right to sit on a jury regardless of the 5/15 year period).

So, a person with a non-expungable felony conviction who wants to buy new firearms should wait 15 years from the time they finish their sentence to file a gun rights restoration petition. If the person is not concerned about new firearms purchases yet, they could file a petition sooner and wait the 15 years before making a new purchase.

What is the Process for a Gun Rights Restoration Petition?

Any gun rights restoration petition starts with a petition that is filed in the petitioner’s resident county, not where the felony conviction occurred. This is different from a motion to set aside or a motion to reduce, which requires filing the documents in the court where you were convicted. 

The petition is the only document required to file under ORS 166.274. However, our office typically prepares additional evidence to file with the court. This includes (1) a fingerprint-verified background check through the FBI, (2) character letters, and (3) a declaration signed by the petitioner about why they can prove they are not a safety risk to themselves or others. In some complex cases, we also ask our clients to participate in a psychological evaluation. That way, we have a licensed professional make a clinical determination about whether the client poses a safety risk to themselves or others.

Unlike an expungement, there are no standard forms for a person to fill out to file with the court. This is why many individuals hire an attorney to help with a gun rights restoration petition.

After the petition and other evidence are filed with the court, the petition and other documents must be served on the sheriff (or chief of police, if you file in a city court). The sheriff will write a response to the petition, stating whether they object to it, and file that response with the court.

While the statute requires a hearing within 15 days of filing the petition and no more than 30 days from filing, busy courts rarely have time slots within 15 days. Multnomah County cannot accommodate that timeline, but will schedule a hearing within 6 weeks. Marion County makes an extra effort to schedule the hearing as soon as possible, and usually has a hearing scheduled within 30 days. Smaller counties, such as Coos, Polk, and Linn, typically schedule the hearing within the 15-day window. 

The Gun Rights Restoration Hearing

The hearing on a gun rights petition can last as short as 10 minutes or as long as two hours. Most courts will allow the petitioner and their attorney to attend court by video unless the petitioner and their attorney live in the county (for example, since our office is in Marion County, we attend Marion County gun rights hearings in person). While an attorney for the county (or sometimes a district attorney) will often appear in court as well, other sheriffs may ask the court to “waive” their appearance because they do not object to the petition. 

During the hearing, a petitioner should expect to be sworn in as a witness and testify about why he or she is a peaceful person, why they want to restore their gun rights, and discuss any criminal history that appears in the report submitted to the court. In complex cases, typically when a sheriff objects to a petition, the petitioner may want to call additional character witnesses because they must prove their case by clear and convincing evidence.

The judge almost always decides whether to grant the gun rights restoration petition at the end of the hearing. Typically, the petitioner is responsible for preparing a judgment for the court to sign. The judgment grants the person their gun rights, and a copy of the judgment, along with a filing fee, must be sent to the Oregon State Police. OSP will then enter a notation on that person’s background check showing that an Oregon court restored their gun rights.

Conclusion

A petition to restore gun rights can prove that a person can change their life after a serious criminal conviction. If you want to restore your gun rights and own firearms like a regular citizen, call our office. We will walk you through the eligibility requirements and, if eligible, assist you in restoring your Second Amendment rights. Call now to schedule a consultation with one of our attorneys.

Not sure if your conviction qualifies? Contact us for a free eligibility review.

Frequently Asked Questions

Can I restore gun rights after a felony in Oregon?

Yes, depending on the nature of the felony and whether it qualifies under ORS 166.274 or can be expunged or reduced.

How long does it take to restore gun rights?

Timelines vary by county, but hearings are typically scheduled within 15 to 45 days after filing.

Do I need a lawyer to file a gun rights petition?

While not required, having an attorney can help ensure your petition is complete and persuasive, especially in complex cases.

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