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  1. #1
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    Sep 2009
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    Default How to Get My Civil Rights Restored in Oregon

    In 1999 I was convicted of distribution of a controlled substance(10 grams of psychedelic mushrooms)a class A felony in Oregon. I was reading O.R.S. 166.270 Possession of weapons by certain felons, and would like to know if I am reading this statute right? Do I get all of my civil rights restored after 15 years with no other felonies on my record?

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Get My Civil Rights Restored in Oregon

    The statute speaks for itself,
    Quote Quoting ORS [B
    166.270 Possession of weapons by certain felons.[/B] (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm commits the crime of felon in possession of a firearm.

    (2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove or metal knuckles, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.

    (3) For the purposes of this section, a person “has been convicted of a felony” if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if:
    (a) The court declared the conviction to be a misdemeanor at the time of judgment; or

    (b) The offense was possession of marijuana and the conviction was prior to January 1, 1972.
    (4) Subsection (1) of this section does not apply to any person who has been:
    (a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or

    (b) Granted relief from the disability under 18 U.S.C. 925(c) or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction.
    (5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor.
    Note, however, that merely being exempt from prosecution under this Oregon statute does not, of itself, mean that your federal rights have been restored. For example, if your voting or jury duty rights remain restricted, you remain ineligible to own or possess firearms under federal law.

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