Felonies Can be Turned Into Misdemeanors
One great trick of Oregon law is that Class C felonies can receive “misdemeanor treatment” — that means they can be turned into misdemeanors. Your felony charge can be turned into a misdemeanor by the prosecuting attorney at the beginning of the case or by an agreement later.
Prosecutors often offer misdemeanor treatment for a felony after you successfully complete probation, pay your fines and do any required treatment. This can be a great benefit to you because you stop being a felon at the moment of misdemeanor treatment.
Misdemeanor Treatment, Felons and Gun Rights
Felons of any stripe can’t possess guns or other dangerous weapons in Oregon. See ORS 166.270. But people convicted of most misdemeanors can.
However, many people convicted of a felony that later got misdemeanor treatment cannot. How can that be? Because, if you were convicted of a felony, this particular Oregon law considers you a felon unless at the time you were originally sentenced, the judge made it a misdemeanor.
Misdemeanor treatment at the end of probation comes too late to save your gun rights.
What to Do?
Your felony charge has to be handled the right way if keeping your gun rights is important to you. Get a good attorney to handle your case the first time. Negotiate with the DA for misdemeanor treatment up front (even if it means a slightly worse sentence in the bargain).
If this has happened to you, don’t possess a gun until you’re sure what kind of misdemeanor treatment you received. Then, apply to have your gun rights restored if you’re eligible.
Give us a call. We’d be happy to go over your options and help you move forward.