Filing a Petition to Restore Gun Rights (ORS 166.274)

When expungement is not the best course of action, filing a petition with the court can be a very effective and often a successful way of going about getting a person’s gun rights restored.

The petition for relief must be filed in the circuit court in the petitioner’s county of residence and the person may only apply once per calendar year. A copy of the petition is served on either the city chief of police or sheriff of the county where the court is located. When the judge grants the petition, a copy of the judgment, along with a fingerprint card, is sent to the department of state police computerized criminal history file. The burden is on the petitioner (person seeking the relief) to prove that he or she is does not pose a threat to the safety of the public or to himself or herself. The burden is not proof beyond a reasonable doubt but by clear and convincing evidence. This is usually demonstrated by character letters and even witnesses who testify in court on behalf of the petitioner.