Can a felon own a gun in Oregon?

Oregon prohibits firearm possession for all felony convictions. Oregon provides a dedicated judicial restoration mechanism under ORS 166.274 that allows a person to petition the circuit court 15 years after conviction for restoration of firearm rights. This mechanism is considered one of the broadest and most accessible in the nation.

How can a felon restore gun rights in Oregon?

Petition the circuit court under ORS 166.274 after 15 years, seek expungement, or apply for a gubernatorial pardon.

What is the waiting period for gun rights restoration in Oregon?

15 years after conviction (not after sentence completion) for the judicial petition. A gubernatorial pardon can provide earlier relief.

Are there exceptions to gun rights restoration in Oregon?

Persons convicted of certain violent felonies (murder, manslaughter, assault I, kidnapping I, sex offenses) are not eligible for the 15-year judicial restoration path — they must obtain a gubernatorial pardon or expungement.

Can a felon get gun rights back in Oregon?

Yes. Oregon provides multiple pathways: (1) Petition the circuit court under ORS 166.274 for judicial restoration — available for most felons who are Oregon residents and not barred by Measure 11 convictions; (2) Set aside (expunge) the conviction under ORS 137.225 — confirmed by the 2025 Mohiadeen ruling to restore gun rights; (3) Reduce a Class C felony to a misdemeanor under ORS 161.705; (4) Obtain a gubernatorial pardon. The best path depends on the type of offense and your specific circumstances.

What is a Measure 11 offense and how does it affect gun rights restoration?

Measure 11 (ORS 137.700) is Oregon's mandatory minimum sentencing law, passed by voters in 1994. It covers serious violent offenses including murder, manslaughter, assault I and II, kidnapping I and II, robbery I and II, sex abuse I, rape, sodomy, unlawful sexual penetration, and compelling prostitution. Conviction for a Measure 11 offense permanently bars you from petitioning for gun rights restoration under ORS 166.274. Your only options would be a gubernatorial pardon, set-aside (if eligible), or federal relief.

How long does the ORS 166.274 petition process take?

The process typically takes 3 to 6 months from filing to a court decision. After filing, a hearing date is set. The district attorney may oppose the petition. The court must evaluate whether you have demonstrated by clear and convincing evidence that you do not pose a threat to public safety. If denied, you may file again the following calendar year.

What evidence do I need for an ORS 166.274 petition?

You must demonstrate by 'clear and convincing evidence' that you do not pose a threat to the safety of the public or yourself. Helpful evidence includes: length of time since the conviction with no new offenses, evidence of employment and community ties, completion of treatment programs, letters of support from community members, evidence of education or training, and any other indicators of rehabilitation and stability.

Does a set-aside (expungement) in Oregon now restore gun rights?

Yes. The Oregon Court of Appeals ruled in Mohiadeen v. Washington County Sheriff's Office (2025) that a set-aside under ORS 137.225 restores firearm rights. Following this ruling, the Oregon State Police confirmed in December 2025 that they will no longer deny firearm transactions based solely on a set-aside conviction. This resolved years of inconsistent enforcement where OSP had been denying gun purchases even after convictions were set aside.

Can I reduce my felony to a misdemeanor to get gun rights back?

If you were convicted of a Class C felony, you may petition the court under ORS 161.705 to reduce the conviction to a Class A misdemeanor. If granted, the felony firearms disability under ORS 166.270 is removed because you are no longer a convicted felon under state law. This reduction should also remove the federal firearms disability since the conviction is reclassified. This path is commonly used for drug and property crime convictions.

What is the penalty for a felon caught with a gun in Oregon?

Under ORS 166.270, a convicted felon found in possession of a firearm faces a Class C felony charge, punishable by up to 5 years in prison and a fine of up to $125,000. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years in federal prison. If the person has three or more prior violent felony convictions, enhanced federal penalties may apply under the Armed Career Criminal Act.

Is there a new federal pathway to restore gun rights?

Yes. In 2025, the DOJ revived the 18 USC 925(c) process for federal firearms disability relief, which had been defunded since 1992. This pathway may be particularly useful for Oregon felons who are permanently barred from ORS 166.274 relief due to Measure 11 convictions but have otherwise demonstrated rehabilitation. The detailed application procedures are still being developed by the DOJ.

Do I need an attorney to petition for gun rights restoration in Oregon?

While not legally required, hiring an attorney is strongly recommended, especially for the ORS 166.274 petition process. The burden of proof is 'clear and convincing evidence,' which is a high standard. An attorney can help gather and present the necessary evidence, handle the court hearing, and respond to any objections from the district attorney. For set-asides and conviction reductions, attorneys can also ensure the process is completed properly.

Felon Gun Rights in Oregon

Must petition for restoration

It depends. Oregon offers several restoration pathways. You may petition the circuit court under ORS 166.274 if you are not barred by a Measure 11 conviction or a person felony involving a firearm or deadly weapon. You may also seek to set aside (expunge) your conviction under ORS 137.225, which a 2025 court ruling confirmed restores gun rights. Alternatively, a Class C felony may be reduced to a misdemeanor under ORS 161.705. For serious violent felonies, only a gubernatorial pardon provides relief.

Last updated: 2026-03-21

Overview

Oregon prohibits firearm possession for all persons convicted of a felony under ORS 166.270. Oregon provides multiple pathways for gun rights restoration: a dedicated judicial petition under ORS 166.274, expungement (set-aside) of the conviction under ORS 137.225, reduction of a Class C felony to a misdemeanor under ORS 161.705, or a gubernatorial pardon. A 2025 Oregon Court of Appeals ruling in Mohiadeen v. Washington County Sheriff's Office confirmed that a successful set-aside restores firearm rights, and the Oregon State Police reversed their prior policy of denying firearms transactions based on set-aside convictions.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), any person convicted of a crime punishable by more than one year of imprisonment is federally prohibited from possessing firearms. In Oregon, a set-aside under ORS 137.225 vacates the conviction and is treated as an expungement, which should remove the federal firearms disability. The Oregon Court of Appeals confirmed in Mohiadeen (2025) that a set-aside restores firearm rights. Judicial restoration under ORS 166.274 restores state firearm rights, but its effect on the federal prohibition is less certain — courts have generally held that it constitutes restoration of civil rights sufficient to lift the federal ban, but this is not settled beyond dispute. A gubernatorial pardon clearly removes the federal disability. The revived federal 18 USC 925(c) process provides an additional pathway for federal relief.

Can restore gun rights

✓Persons convicted of non-Measure 11 felonies who can petition for judicial restoration under ORS 166.274 — must demonstrate by clear and convincing evidence that they do not pose a threat to public safety
✓Persons whose convictions are eligible for set-aside (expungement) under ORS 137.225 — waiting periods vary by offense class
✓Persons convicted of a Class C felony who can petition for reduction to a Class A misdemeanor under ORS 161.705
✓Persons who receive a full gubernatorial pardon
✓Persons whose federal firearms disability is removed through the revived 18 USC 925(c) process
✓Oregon residents who have not been on supervision or served a felony sentence within the past year (for ORS 166.274 petition)

Cannot restore gun rights

✗Persons convicted of Measure 11 offenses (ORS 137.700) — permanently barred from ORS 166.274 relief; includes murder, manslaughter, assault I and II, kidnapping I and II, robbery I and II, sex abuse I, rape, sodomy, unlawful sexual penetration, and compelling prostitution
✗Persons convicted of a 'person felony' involving the use of a firearm or another deadly weapon — permanently barred from ORS 166.274 relief
✗Persons currently serving a felony sentence or who served such a sentence within the one-year period prior to filing the petition under ORS 166.274
✗Non-Oregon residents — ORS 166.274 requires Oregon residency
✗Persons convicted of crimes not eligible for set-aside under ORS 137.225 (certain Class A felonies, some sex offenses, and traffic crimes resulting in death)

Step-by-Step Process

Determine your eligibility pathway

Identify which restoration method applies to your situation. The three primary paths are: (1) Judicial petition under ORS 166.274 — available for most felons who are Oregon residents and not barred by a Measure 11 conviction or person felony involving a firearm/deadly weapon; (2) Set-aside (expungement) under ORS 137.225 — available after waiting periods based on offense class; (3) Conviction reduction under ORS 161.705 — available for Class C felonies. A gubernatorial pardon is always available but rarely granted. Consult an attorney to determine the best path.

For ORS 166.274 petition: Confirm residency and eligibility

You must be an Oregon resident and file in the circuit court of the county where you reside. You must not have been on supervision or served a felony sentence within the past year. You must not have a conviction for a Measure 11 offense or a person felony involving a firearm or deadly weapon. You may apply once per calendar year.

For ORS 166.274 petition: File and demonstrate safety

File the petition with the circuit court. You must demonstrate by clear and convincing evidence that you do not pose a threat to the safety of the public or yourself. The court will consider factors including the nature of the original offense, time since conviction, your record since conviction, evidence of rehabilitation, and any mental health or substance abuse issues. The filing fee applies. A hearing will be held.

For set-aside: Wait the required period and file under ORS 137.225

Waiting periods depend on offense class: Class B felony — 7 years; Class C felony — 5 years; Class A misdemeanor — 3 years; Class B/C misdemeanor — 1 year. File a motion with the court where you were convicted. If granted, the conviction is set aside and treated as if it never occurred. Since the Mohiadeen ruling (2025) and the Oregon State Police policy reversal (December 2025), a set-aside now clearly restores firearm rights and allows firearm purchases.

For conviction reduction: Petition under ORS 161.705

If convicted of a Class C felony, you may petition the court to reduce the conviction to a Class A misdemeanor. This removes the felony firearms disability under state law. The court considers the nature of the offense and your conduct since conviction. This option is particularly useful for drug-related and property crime Class C felonies.

Verify your restored status

After restoration, confirm that the Oregon State Police LEDS (Law Enforcement Data System) records have been updated and that you can pass a background check. As of August 2025, OSP no longer denies firearm transactions solely on the basis of a set-aside Oregon conviction. Keep a certified copy of your court order for reference when purchasing or possessing firearms.

Waiting Period

For ORS 166.274 judicial petition: Must not have served a felony sentence or been on supervision within the past year. No other fixed waiting period, but the court considers time since conviction as a factor. For set-aside under ORS 137.225: Class B felony — 7 years; Class C felony — 5 years after completion of sentence. For conviction reduction under ORS 161.705: No fixed waiting period, but typically pursued after completion of sentence. For a gubernatorial pardon: No fixed timeline.

Key Laws

Law	Year	Description
ORS 166.270 — Possession of Weapons by Certain Felons	1971 (amended through 2023)	Prohibits any person who has been convicted of a felony from owning, possessing, or having in their custody or control any firearm. Violation is a Class C felony punishable by up to 5 years imprisonment. Applies to convictions under Oregon law, the law of any other state, or federal law.
ORS 166.274 — Relief from Prohibition Against Possessing or Receiving Firearm	2009 (amended through 2021)	Provides a judicial pathway for convicted felons to petition the circuit court for restoration of firearm rights. Relief is granted upon clear and convincing evidence that the petitioner does not pose a threat to public safety. Permanently bars persons convicted of Measure 11 offenses or person felonies involving firearms/deadly weapons. May be filed once per calendar year.
ORS 137.225 — Setting Aside Conviction or Record of Arrest	1971 (amended through 2024)	Allows individuals to petition for set-aside (expungement) of criminal convictions after specified waiting periods. A 2025 Court of Appeals ruling confirmed that a successful set-aside restores firearm rights. Oregon State Police reversed their denial policy in December 2025, no longer blocking firearm transactions for set-aside convictions.
ORS 137.700 — Measure 11 Mandatory Minimum Sentences	1994 (amended through 2019)	Defines offenses subject to mandatory minimum sentences (Oregon's Measure 11, passed by voters in 1994). Includes murder, manslaughter, assault I/II, kidnapping I/II, robbery I/II, sex abuse I, rape, sodomy, unlawful sexual penetration, and compelling prostitution. Persons convicted of these offenses are permanently barred from firearm restoration under ORS 166.274.
ORS 161.705 — Reduction of Conviction	1971 (amended through 2015)	Allows a court to enter judgment of conviction for a lesser-included offense or reduce the classification of a conviction. A Class C felony may be reduced to a Class A misdemeanor, which removes the felony firearms disability under state law.
Mohiadeen v. Washington County Sheriff's Office, 338 Or App 29 (2025)	2025	Oregon Court of Appeals ruling confirming that a successful set-aside of a criminal conviction under ORS 137.225 restores firearm rights. This ruling was pivotal in resolving years of inconsistent policy by the Oregon State Police regarding firearms transactions for individuals with set-aside convictions.

Edge Cases

I had my conviction set aside years ago but was denied a firearm purchase by Oregon State Police. Can I now buy a gun?

Yes. As of August 4, 2025, the Oregon State Police reversed their prior policy and confirmed they will no longer deny firearm transactions solely on the basis of a conviction that has been set aside under Oregon law. The 2025 Court of Appeals ruling in Mohiadeen v. Washington County Sheriff's Office solidified this legal position. If you were previously denied based solely on a set-aside conviction, you should now be able to pass a background check. Consider reapplying for a firearms purchase.

Are gun rights automatically restored after 15 years in Oregon?

No. This is a common misconception. ORS 166.270 contains an exception for persons whose convictions are more than 15 years old and were not for person felonies, but the Oregon Supreme Court has ruled that this exception does not create automatic restoration. You must still affirmatively seek relief through one of the legal pathways (ORS 166.274 petition, set-aside, conviction reduction, or pardon). Simply waiting 15 years does not automatically restore your gun rights.

I was convicted of a Measure 11 offense. Is there any way to restore my gun rights?

Your options are very limited. You are permanently barred from the ORS 166.274 judicial petition pathway. However, you may still pursue: (1) a gubernatorial pardon, which is extremely rare for Measure 11 offenses; (2) a set-aside under ORS 137.225 if your specific offense is eligible (many Measure 11 offenses are not); or (3) the revived federal 18 USC 925(c) process for federal relief only. In practical terms, a gubernatorial pardon is the most realistic path, though success rates are very low for violent offenses.

I am not an Oregon resident but was convicted in Oregon. Can I use ORS 166.274?

No. ORS 166.274 requires that you be an Oregon resident and file the petition in the county where you reside. If you are a non-resident convicted in Oregon, you may pursue a set-aside of your conviction under ORS 137.225 (which does not have a residency requirement) or a gubernatorial pardon. You may also explore the federal 18 USC 925(c) process or seek relief in your state of residence if that state recognizes Oregon restoration.

Can I get my gun rights back if my conviction was a person felony that did NOT involve a firearm or deadly weapon?

Yes. The permanent bar under ORS 166.274 only applies to person felonies that 'involved the use of a firearm or another deadly weapon.' If your person felony did not involve a firearm or deadly weapon (for example, certain assault or harassment convictions that did not involve a weapon), you may still petition under ORS 166.274. You must demonstrate by clear and convincing evidence that you do not pose a threat to public safety.

Does Oregon's set-aside process remove the federal firearms prohibition?

Generally yes. Federal law provides that a person is not considered 'convicted' for firearms purposes if the conviction has been 'expunged, or set aside.' Oregon's set-aside under ORS 137.225 falls within this federal exception. The 2025 Mohiadeen ruling and the Oregon State Police policy change reinforce this position. However, if the set-aside order expressly provides that you may not possess firearms, the federal exemption would not apply.

Frequently Asked Questions

Can a felon get gun rights back in Oregon?: Yes. Oregon provides multiple pathways: (1) Petition the circuit court under ORS 166.274 for judicial restoration — available for most felons who are Oregon residents and not barred by Measure 11 convictions; (2) Set aside (expunge) the conviction under ORS 137.225 — confirmed by the 2025 Mohiadeen ruling to restore gun rights; (3) Reduce a Class C felony to a misdemeanor under ORS 161.705; (4) Obtain a gubernatorial pardon. The best path depends on the type of offense and your specific circumstances.
What is a Measure 11 offense and how does it affect gun rights restoration?: Measure 11 (ORS 137.700) is Oregon's mandatory minimum sentencing law, passed by voters in 1994. It covers serious violent offenses including murder, manslaughter, assault I and II, kidnapping I and II, robbery I and II, sex abuse I, rape, sodomy, unlawful sexual penetration, and compelling prostitution. Conviction for a Measure 11 offense permanently bars you from petitioning for gun rights restoration under ORS 166.274. Your only options would be a gubernatorial pardon, set-aside (if eligible), or federal relief.
How long does the ORS 166.274 petition process take?: The process typically takes 3 to 6 months from filing to a court decision. After filing, a hearing date is set. The district attorney may oppose the petition. The court must evaluate whether you have demonstrated by clear and convincing evidence that you do not pose a threat to public safety. If denied, you may file again the following calendar year.
What evidence do I need for an ORS 166.274 petition?: You must demonstrate by 'clear and convincing evidence' that you do not pose a threat to the safety of the public or yourself. Helpful evidence includes: length of time since the conviction with no new offenses, evidence of employment and community ties, completion of treatment programs, letters of support from community members, evidence of education or training, and any other indicators of rehabilitation and stability.
Does a set-aside (expungement) in Oregon now restore gun rights?: Yes. The Oregon Court of Appeals ruled in Mohiadeen v. Washington County Sheriff's Office (2025) that a set-aside under ORS 137.225 restores firearm rights. Following this ruling, the Oregon State Police confirmed in December 2025 that they will no longer deny firearm transactions based solely on a set-aside conviction. This resolved years of inconsistent enforcement where OSP had been denying gun purchases even after convictions were set aside.
Can I reduce my felony to a misdemeanor to get gun rights back?: If you were convicted of a Class C felony, you may petition the court under ORS 161.705 to reduce the conviction to a Class A misdemeanor. If granted, the felony firearms disability under ORS 166.270 is removed because you are no longer a convicted felon under state law. This reduction should also remove the federal firearms disability since the conviction is reclassified. This path is commonly used for drug and property crime convictions.
What is the penalty for a felon caught with a gun in Oregon?: Under ORS 166.270, a convicted felon found in possession of a firearm faces a Class C felony charge, punishable by up to 5 years in prison and a fine of up to $125,000. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years in federal prison. If the person has three or more prior violent felony convictions, enhanced federal penalties may apply under the Armed Career Criminal Act.
Is there a new federal pathway to restore gun rights?: Yes. In 2025, the DOJ revived the 18 USC 925(c) process for federal firearms disability relief, which had been defunded since 1992. This pathway may be particularly useful for Oregon felons who are permanently barred from ORS 166.274 relief due to Measure 11 convictions but have otherwise demonstrated rehabilitation. The detailed application procedures are still being developed by the DOJ.
Do I need an attorney to petition for gun rights restoration in Oregon?: While not legally required, hiring an attorney is strongly recommended, especially for the ORS 166.274 petition process. The burden of proof is 'clear and convincing evidence,' which is a high standard. An attorney can help gather and present the necessary evidence, handle the court hearing, and respond to any objections from the district attorney. For set-asides and conviction reductions, attorneys can also ensure the process is completed properly.

Take Action — Direct Links

Oregon Judicial Department — Set-Aside (Expungement) Forms
Official Oregon court forms and instructions for filing a motion to set aside a conviction under ORS 137.225.
CCRC — Oregon Restoration of Rights & Record Relief
Comprehensive guide from the Collateral Consequences Resource Center covering all restoration pathways in Oregon, including set-asides, judicial petition, pardons, and conviction reduction.
Oregon Legislature — ORS 166.274 Full Text
Full text of ORS Chapter 166 (Offenses Against Public Order), including the felon-in-possession statute (166.270) and the judicial restoration statute (166.274).
Oregon Governor's Office — Clemency and Pardons
Official page for applying for a gubernatorial pardon in Oregon, including application forms and eligibility information.
Oregon State Police — Firearms Unit
Oregon State Police firearms background check information, including updates on the treatment of set-aside convictions following the December 2025 policy reversal.
Oregon Gun Law — Gun Rights Restoration
Detailed overview of gun rights restoration options in Oregon, including ORS 166.274 petitions, set-asides, and conviction reductions.
ATF — Federal Firearms Disabilities Relief (18 USC 925(c))
ATF page explaining federal firearms disability relief options under 18 USC 925(c), including the revived DOJ application process.