Concealed Handgun License Appeals
Regarding handgun licenses, Oregon is a “shall issue” state, meaning that county sheriffs must issue a concealed handgun license to an individual unless the applicant fails to meet the requirements listed in ORS 166.291. Some of the most common reasons for denial of a concealed carry license include:
- Conviction for a felony crime
- Conviction for a misdemeanor crime within four years of the application
- Discharge from a juvenile court within four years of the application
- Currently subject to a restraining order or stalking order
- Conviction for an offense involving controlled substances or having participated in a court-supervised drug diversion program (excluding marijuana)
The law also enables a sheriff to deny an application if the sheriff “has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant’s mental or psychological state, as demonstrated by past pattern of behavior or participation in incidents involving unlawful violence or threats of unlawful violence.”
The “reasonable grounds” provision is subjective and a large enough hole to drive the proverbial truck through. For example, a person who has participated in peaceful political demonstrations could be unfairly denied the right to carry a concealed handgun. We at the Gilroy Napoli Short Law Group will fight for your right to protect yourself and your family.
Oregon Handgun Licensing and Appeals Attorneys
Oregon law provides potential remedies for people who have been denied concealed carry licenses. If your concealed handgun license application has been denied or your handgun license has been revoked, it may still be possible for you to obtain a license.
To learn more about concealed carry licenses and your legal options, call Gilroy Napoli Short Law Group at 503-747-7198.
Concealed Carry Appeals
You have only 30 days from the date of the receipt of a denial of a concealed carry license application to appeal.
People who have been denied a concealed carry license can appeal. Gilroy Napoli Short Law Group represents people in Portland, Salem, Beaverton, Hillsboro and elsewhere in Oregon whose concealed carry license applications have been denied. We carefully examine every aspect of these cases to identify flaws in the “reasonable grounds” assertions made by sheriffs in Oregon. When representing you, we will make the sheriff justify the action based on objective evidence, not subjective or baseless opinions.
Restoration of Gun Rights
Most people who have had their gun rights revoked due to felony convictions are eligible for the restoration of their gun rights. We can explore the possibility of obtaining an expungement for a felony conviction, which could clear the way for gun ownership and legal concealed carry. If you are not eligible for an expungement, it may be still be possible to petition the court for the restoration of your gun rights.
We have represented many citizens on their path to lawful gun ownership. Pursuant to ORS 166.274 you can petition a judge in the county of your residence for your rights back. Generally, you want to wait until five to ten years have lapsed since your most recent conviction. The standard by which you get your rights back includes showing the court that you are not a threat or danger to society or yourself. This typically includes you taking the stand to talk about how you have been rehabilitated. Representing clients throughout Oregon on countless numbers of these restorations gives our office unique insight on what works, and what does not. We will help prepare you, and all your character witnesses, on how to be convincing and thorough in your testimony. We will work with the Oregon State Police and Bureau of Alcohol Tobacco and Firearms ensure your restoration is complete and accurate.
After a restoration is granted, “the law of the State of conviction, not federal law, determines the restoration of civil rights as a rule.” That means that restoring your rights under Oregon law typically also restores your federal rights. There is one big (and often missed) exception to this rule. Article I, Section 45 of the Oregon Constitution requires that a citizen wait 15 years after supervision has ended to have the rights to sit on a criminal jury. According to the current interpretations of the federal government, this also means that if your rights are restored pursuant to ORS 166.274, you still have to wait for that fifteen year time to lapse. We will work to explain and prepare you on what to expect from local, state, and federal government.
Reduction To A Misdemeanor
Another avenue of restoration of rights, and clearing your records is reducing a felony conviction to a misdemeanor pursuant to ORS 161.705. In most cases this will remove the stigma and effects of a felony conviction for purposes of job, housing, and gun rights. This reduction is successful when
the court, considering the nature and circumstances of the crime and the history and character of the defendant, believes that it would be unduly harsh to sentence the defendant for a felony.”
The standard of unduly harsh is a soft term. We work with out clients to prepare them and their witness to be effective in explaining to the court why their felony should be reduced to a misdemeanor.
In many plea offers a post-conviction reduction to a misdemeanor will be available. If it is not, all hope is not lost, we can still petition the sentencing court to reduce your conviction many years after the conviction.
Committed Gun Freedom Advocates
At Gilroy Napoli Short Law Group, we are strong believers in the Second Amendment and the right of qualified citizens and legal resident aliens to possess and carry firearms. Attorney Jason Short is a certified Concealed Handgun Instructor through the National Rifle Association. We are proud members and supporters of these gun rights organizations:
- National Rifle Association
- Oregon Firearms Federation
- United States Concealed Carry Association
- Armed Citizens Legal Defense Network
Free Consultation With a Lawyer
Contact Gilroy Napoli Short Law Group by calling 503-747-7198 to schedule your free initial consultation.
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