Criminal Defense Lawyers

How to restore your gun rights in Portland

Restoring Your Gun Rights in Portland: A Comprehensive Guide

So, your gun rights have been taken away – and you want them back. Maybe it was due to a felony conviction, a domestic violence charge, or a mental health issue. Whatever the reason, the path to restoration can seem daunting. But, take a deep breath – we’re here to walk you through it, step-by-step.At Spodek Law Group, we’ve helped countless clients navigate the complex legal landscape of gun rights restoration. We understand the importance of the Second Amendment, and we’ll fight tirelessly to ensure your constitutional rights are protected.

Understanding Your Rights

Before we dive into the nitty-gritty, let’s start with the basics. In Oregon, there are several ways you can lose your right to possess firearms:

• Felony convictions
• Certain misdemeanor convictions (domestic violence, for example)
• Court orders (restraining orders, mental health holds, etc.)
• Dishonorable discharge from the military

Now, the good news? In many cases, these rights can be restored – but it’s not as simple as snapping your fingers. The process varies depending on your specific situation, and that’s where we come in.

Felony Convictions

If a felony conviction is what cost you your gun rights, the path to restoration starts with getting that conviction expunged or set aside. In Oregon, this process is called “Setting Aside a Conviction.”Here’s how it works:

1. Wait it out: You’ll need to complete your entire sentence (including probation) and wait a specific period of time before you can apply. For most felonies, that’s 20 years – but it can be as little as 3 years for certain offenses.
2. Get squeaky clean: During that waiting period, you’ll need to stay out of trouble. Any new convictions could derail your efforts.
3. File the motion: Once you’ve met the time requirement, you’ll need to file a motion with the court that convicted you, requesting that your conviction be set aside.
4. Prove your rehabilitation: The court will want to see evidence that you’ve been rehabilitated – things like steady employment, community service, and letters of recommendation can help your case.
5. Attend the hearing: If your motion is accepted, you’ll have a hearing where you (and your attorney) can make your case to the judge.

If the judge grants your motion, your felony conviction will essentially be “erased” from your record – at least as far as gun rights are concerned.But, we’re not done yet. Even with a set-aside conviction, you’ll still need to go through the process of actually restoring those gun rights.

Misdemeanor Convictions

For misdemeanor convictions, the process is a bit different – and can vary depending on the specific offense.Domestic violence convictions, for example, come with a lifetime ban on possessing firearms under federal law. To restore those rights, you’ll need to go through a “relief from disabilities” process with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).This process involves:

1. Applying for relief: You’ll need to submit a formal application to the ATF, along with a slew of supporting documentation (fingerprints, photos, etc.).
2. Waiting (and waiting some more): The ATF is notoriously backlogged, so be prepared for a long wait – often a year or more.
3. Attending an interview: If your application is approved, you’ll be called in for an in-person interview with an ATF agent.
4. Getting a decision: After the interview, the ATF will make a final determination on whether to grant you relief from the federal firearms prohibition.

It’s a lengthy, complicated process – which is why having an experienced attorney in your corner is crucial.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Court Orders and Mental Health Holds

If your gun rights were taken away due to a court order (like a restraining order) or a mental health hold, the restoration process will depend on the specifics of your case.In general, though, you’ll need to:

1. Resolve the underlying issue: If it was a restraining order, you’ll need to get that order lifted or expired. For a mental health hold, you’ll need to demonstrate that you’re no longer a risk to yourself or others.
2. File a motion: Once the underlying issue is resolved, you’ll need to file a motion with the court that issued the order, requesting that your gun rights be restored.
3. Provide evidence: As with a felony conviction, you’ll need to show the court that you’ve been rehabilitated and are fit to possess firearms again.
4. Attend a hearing: The court will hold a hearing to consider your motion, where you (and your attorney) can make your case.

It’s a complex process, but one that we’ve successfully navigated many times before.

The Importance of an Attorney

Look, we get it – legal processes can be confusing, frustrating, and downright intimidating. But here’s the thing: trying to go it alone is a surefire way to end up spinning your wheels.An experienced attorney can mean the difference between having your rights restored and hitting a dead end. We know the ins and outs of Oregon’s gun laws, and we know how to build a rock-solid case for restoration.From gathering the necessary documentation to crafting persuasive arguments for the court, we’ll be with you every step of the way. And if your initial petition is denied? We’ll fight that denial tooth and nail, exploring every possible avenue for appeal.Because at the end of the day, this isn’t just about guns – it’s about your fundamental constitutional rights. And at Spodek Law Group, we take that seriously.

Real-World Examples

Still not convinced? Let’s look at a few real-world examples of how we’ve helped clients just like you:Case Study 1: Felony ConvictionOur client, let’s call him John, had a felony conviction for drug possession from his early 20s. After turning his life around – getting sober, starting a family, and building a successful career – he came to us seeking to have his gun rights restored.We guided John through the process of setting aside his conviction, gathering letters of support from his employer, sponsor, and community leaders. At the hearing, we presented a compelling case for his rehabilitation, and the judge agreed to set aside the conviction.From there, we worked with John to complete the necessary paperwork to have his gun rights officially restored by the state. Today, John is a proud gun owner and avid hunter – and his past mistakes are firmly behind him.Case Study 2: Domestic Violence MisdemeanorSarah came to us after a misdemeanor domestic violence conviction left her unable to possess firearms for her job as a private security guard.We immediately set to work on her application for relief from the federal firearms prohibition, meticulously gathering the required documentation and preparing her for the ATF interview.After a lengthy wait, Sarah’s application was approved – but that wasn’t the end of the road. We then had to petition the state to have her gun rights officially restored, a process that involved multiple court appearances and a mountain of paperwork.In the end, our hard work paid off. Sarah got her job back, and her Second Amendment rights were fully intact.Case Study 3: Mental Health HoldWhen Mark was placed on a temporary mental health hold during a difficult period in his life, his guns were immediately confiscated.Even after being released and getting the help he needed, Mark found himself caught in a legal quagmire trying to get his firearms back.That’s when he came to us. We quickly filed a motion with the court to have the mental health hold lifted and his gun rights restored, providing documentation from his therapist and others attesting to his stability and fitness to possess firearms.After a hearing, the judge agreed – Mark’s guns were returned, and his rights were once again secure.These are just a few examples, but they illustrate the level of dedication and expertise we bring to every case. Your rights are our top priority.

The Bottom Line

Look, restoring your gun rights in Portland is no walk in the park. It’s a complex, often frustrating process that requires a deep understanding of state and federal laws.But here’s the thing: you don’t have to go it alone.At Spodek Law Group, we’ve made it our mission to protect the rights of law-abiding gun owners across the country. We’ll be with you every step of the way, from filing that initial petition to making our case before the judge.Because at the end of the day, your Second Amendment rights are worth fighting for. And we’re ready to fight.So what are you waiting for? If you’re ready to take the first step towards restoring your gun rights, reach out to us today. Let’s get started on getting your life – and your rights – back on track.

Frequently Asked Questions

How long does the gun rights restoration process take?

The timeline can vary significantly depending on your specific situation. For felony convictions, you’ll need to wait anywhere from 3 to 20 years after completing your sentence before you can even apply to have the conviction set aside.From there, the actual restoration process can take months or even years, especially if you’re dealing with the ATF for a federal firearms prohibition.The key is patience – and having an experienced attorney who can help you navigate the process as efficiently as possible.

How much does it cost to restore my gun rights?

Again, costs can vary widely based on the complexity of your case. In general, you can expect to pay:

• Court fees for filing motions and petitions
• Attorney’s fees (which can range from a few thousand dollars to much more for complex cases)
• Miscellaneous costs (fingerprinting, documentation fees, etc.)

Many attorneys, including those at Spodek Law Group, offer free initial consultations to discuss your case and provide a better estimate of the total costs involved.

What if my petition is denied?

A denial is never the end of the road. In many cases, we’re able to file an appeal and continue fighting for your rights.The appeals process can be complex and time-sensitive, which is why it’s crucial to have an experienced attorney on your side from the very beginning.At Spodek Law Group, we’ll explore every possible avenue for appeal, leaving no stones unturned in our quest to restore your Second Amendment rights.

Can I own guns while my restoration case is pending?

In most cases, no. Until your rights are officially restored, you’ll still be considered a “prohibited person” under state and federal law.Attempting to purchase or possess firearms during this time could result in serious criminal charges. It’s simply not worth the risk.Instead, focus your energy on building the strongest possible case for restoration. Once your rights are officially reinstated, you’ll be free to exercise your Second Amendment rights to the fullest extent.

I lost my gun rights years ago. Is it too late to restore them?

It’s never too late to fight for your constitutional rights. Even if your conviction or disqualifying event happened decades ago, we may still be able to help you navigate the restoration process.The key is acting sooner rather than later. The longer you wait, the more difficult it can become to gather the necessary documentation and evidence to support your case.If restoring your gun rights is important to you, don’t hesitate – reach out to us today to discuss your options.