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Concealed Handgun License Appeal (ORS 166.293)

In order to receive a concealed handgun license (CHL), the person must be a citizen of the United States or legal resident alien (with certain conditions being met), 21 years of age, a resident of the county, no outstanding warrants for arrest, not free on any form of pre-trial release and demonstrates competence with a handgun by completing a NRA handgun safety or training course (for example). Additionally, the person applying cannot have a felony conviction and cannot be convicted of a misdemeanor within four years prior to the application, including a misdemeanor conviction for the possession of marijuana. There are other restrictions and limitations listed in the statute.

Sheriffs in Oregon have a tremendous amount of discretion to approve or deny a CHL application. A sheriff may deny a CHL 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 or as demonstrated by the applicant’s past pattern of behavior involving unlawful violence or threats of unlawful violence.”

If the application for a CHL is denied, the person will receive a letter (sent certified) in the mail within 45 days after the application was made. The person has 30 days to appeal this decision from the date when the person received the letter. There is a process to appeal this decision and get before a circuit court judge and present evidence before the judge why the sheriff is mistaken. It is highly recommended that someone retain an attorney that is familiar with this process.

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