Federal law places numerous restrictions on gun possession. People who have been convicted of felonies, domestic violence, even some misdemeanor crimes are often affected by these restrictions. Similarly, persons unlawfully present in the U.S., persons dishonorably discharged from the military, persons subject to certain restraining orders, certain persons deemed to be "mentally defective" (yes that is the term used in the statute) and those who use or are addicted to a controlled substance are also prohibited from possessing firearms.
With these base requirements, individual states are free to supplement federal law with their own unique conditions and restrictions. And prosecutors are often quick to press weapons charges for perceived violations.
Overall, Oregon gun laws are not among the strictest in the country. For example, Oregon requires no gun registration or permit unless the gun will be carried concealed. Moreover, there is no limit to the number of guns one can buy or own, and Oregon has no waiting period when buying one.
However, when buying from a gun dealer or at a gun show, Oregon law does require personal identification, a fingerprint and a criminal background check before making the sale. Oregon also prohibits those convicted of the following misdemeanor offenses from owning guns:
• Menacing
• Reckless Endangerment
• Stalking
• Strangulation
Results of Oregon's 2011 Legislative Session
During this year's legislative session, the Oregon legislature considered several gun related proposals that would have substantially changed the state's gun laws. One provision that did not pass was the push to privatize the records and applications of concealed handgun license holders. That change is already on the radar for some legislators for next year's session.
In the session ending June 29th, the legislature did agree to eliminate the outright ban on guns on all-terrain vehicles (ATVs), snowmobiles and motorcycles. Now, guns on those vehicles must simply be locked in some type of container or have a safety mechanism like a trigger lock that prevents discharge.
The legislature also agreed that Oregon courts may now restore convicted felons' rights to possess a gun a year after probation supervision has ended. However, no restoration of rights is available for those convicted of violent felonies involving firearms or the misdemeanor offenses previously noted.
But Oregon's policies and procedures restoring firearms rights to certain persons do not necessarily apply to federal firearm possession restrictions. Although federal law provides a process for those who are prohibited from possessing firearms to make a request that their federal gun rights be restored, that process has not been funded by Congress and no action is taken on such requests by the ATF.
Federal law does, however, recognize certain state laws relating to the expunction or setting aside of state law convictions as well as state laws that act to restore the civil rights of certain classes of persons. Federal law also excepts certain crimes from its definitions of disqualifying crimes that act to prohibit the possession of firearms.
In short, although Oregon's 2011 legislative session significantly expanded gun possession rights and set the stage for what could be more expansion next session, the practical effect of those changes as they relate to federal firearms prohibitions are an extremely complicated area of law and require close and accurate analysis by a qualified attorney to evaluate. Those who are seeking restoration of their rights to possess and carry firearms need to be sure that both their state and federal firearms rights are restored before possessing firearms.
