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AttyCBradford
AttyCBradford, Lawyer
Category: Criminal Law
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Experience:  Criminal Defense and Family law Attorney serving California statewide
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I had a Criminal mistrement 1 & Assault iv but they were expunged

Resolved Question:

I had a Criminal mistrement 1 & Assault iv but they were expunged but, I have been denied to buy a rifle, how do I go about getting this straightened out
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

You state that they were EXPUNGED but then you state that they were DISMISSED these are two very distinct things, were they in fact EXPUNGED? If so, an expungement in many states does not restore you gun rights

AttyCBradford :

In Oregon, gun rights are protected by Article 1, Section 27 of the Oregon Constitution. Unlike its federal counterpart, Article 1, Section 27 clearly states that gun rights belong to individuals: “The people shall have the right to bear arms for the defence of themselves, and the State . . .” Although the right to bear arms has always been considered to be an important right, Oregon Courts have found that the right is subject to reasonable regulation by the legislature, and restrictions such as barring felons from possessing firearms have been upheld.


Every year gun rights opponents in the Oregon State Legislature attempt to pass laws restricting gun rights. Gun rights activists have been successful defending and even expanding person’s right to bear arms. In 2009, the Oregon State Legislature made important changes in the law allowing persons convicted of a felony to have their gun rights restored. These changes allow persons convicted of a felony to apply for restoration of their gun rights even if they can’t have their conviction removed from their record or reduced to a misdemeanor. In a 2010 special session, gun rights opponents in the legislature made an effort to enact additional time restrictions and other restrictions on restoration of rights, related to the nature of the underlying felony, but that effort was turned back by gun rights advocates led by the NRA. Expect another effort by gun rights opponents to enact further restrictions on restoration of gun rights during the 2011 legislative session. Persons with felony convictions who want their rights restored should act now.


Restoration of gun rights is allowed for persons with felony convictions who can demonstrate that they do not pose a threat to the safety of the public or themselves.


You will need to gather and present information to persuade a judge that you meet the statutory standard and are entitled to have this important right restored to you. To do this you will need to file a motion to restore your gun rights or hire an attorney to do so


If i have answered all your questions please accept the answer and provide positive feedback otherwise please ask additional questions and I will respond.

Customer:

The letter I have is case no 99cf096 It states This matter came before the court on May4,2000 on a plea of guilty to Assault IV The sentence Order provided that the defendant be placed on two years bench probation, pay fines andassessments, enter and complete a program of Anger Management. It appears to the Court that the defendant has successfully complied with all the terms of probation, but that no Order of Discharge was ever entered by the Court. NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Case No 99cf096 be dismissed with prejudice dated January 6, 2005 by Judge Jeff M. Wallace in the circuit court of Morrow county in the State of Oregon

AttyCBradford :

The case effectively dismissed therefore you would need to petition the court to reinstate your gun rights since it was dismissed in accordance with the procedure I listed previously

AttyCBradford :
Customer:

Do I need to go to the court in Morrow County where this was in order to petion the court to get my gun rights back or can it be at another county in Oregon?

AttyCBradford :

You can file in the county where you reside

AttyCBradford :
AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 585
Experience: Criminal Defense and Family law Attorney serving California statewide
AttyCBradford and 5 other Criminal Law Specialists are ready to help you

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