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Can a Felon Own a Bow in Oregon? A Comprehensive Guide

The short answer is yes. It is generally lawful under Oregon law for a felon to own and use a bow, including a compound bow, for archery hunting. However, this seemingly simple answer opens a Pandora’s Box of related questions and legal nuances that deserve careful consideration. Let’s delve into the specifics, separating fact from fiction, and providing you with a clear understanding of the laws governing firearm and weapon ownership for convicted felons in Oregon.

Understanding Oregon Law: Bows vs. Firearms

Oregon law makes a crucial distinction between bows and firearms. This distinction is paramount in understanding the legal landscape for felons.

Firearms: Oregon Revised Statute (ORS) 166.270 explicitly prohibits a person convicted of a felony from owning or possessing a firearm. This prohibition extends to firearms from Oregon, other states, and the federal government.
Bows: Bows, on the other hand, are not classified as firearms under Oregon law. Therefore, the prohibition against firearm ownership for felons does not automatically extend to bows.

This distinction allows a felon to legally own and use a bow, including a compound bow, for activities like archery hunting. However, the legality hinges on several factors.

Important Considerations

While a felon can generally own a bow in Oregon, it’s essential to be aware of these crucial considerations:

Crossbows: Note that hunting with a crossbow is not lawful under Oregon law, regardless of a person’s criminal history. This restriction isn’t directly related to felon status but applies to all hunters.
Other Weapons Restrictions: While bows are generally permitted, felons in Oregon are prohibited from owning certain other weapons, such as some knives.
Federal Law: While Oregon law is more lenient regarding bows, it’s crucial to remember that federal law can sometimes supersede state law. If a federal law specifically prohibits a convicted felon from possessing bows, it could potentially override the state’s position. Consult legal counsel to ensure full compliance with all applicable laws.
Living with Firearms: A felon cannot reside in a household where firearms are present, even if the firearms belong to someone else. This includes scenarios where the firearm is locked away or kept in a separate room.
Constructive Possession: Even without direct ownership, a felon can be charged with “constructive possession” of a firearm if they have knowledge of its presence and the ability to control it.
Restoration of Firearm Rights: Under specific circumstances, a felon can have their firearm rights restored in Oregon. This usually involves a waiting period of 15 years after discharge from parole for a single, non-violent felony. It can also be achieved through a court order reducing the felony conviction to a misdemeanor.

The Importance of Legal Counsel

Given the complexities of the law and the potential for misinterpretation, it is always recommended that anyone with a felony conviction consult with an attorney to fully understand their rights and obligations regarding weapon ownership. The information provided here is for general knowledge purposes only and should not be considered legal advice.

Frequently Asked Questions (FAQs)

Here are 15 frequently asked questions related to firearm and weapon ownership for felons in Oregon, providing further clarity and guidance:

Can a felon obtain a hunting license in Oregon? Obtaining a hunting license is separate from the ability to possess a firearm. A felon may be able to obtain a hunting license, but this does not automatically grant them the right to possess a firearm.
Can a felon own a muzzleloader in Oregon? No. Oregon law considers black powder or muzzle-loading firearms as firearms, and felons are prohibited from owning them.
After 15 years, can a felon own a gun in Oregon? Potentially, yes. If a person has been convicted of only one non-violent felony and has been discharged from parole for more than 15 years, they are no longer subject to the law prohibiting felons from possessing firearms. However, they are still subject to the misdemeanor crime of Unlawful Possession of a Firearm.
How can a felon get their gun rights back in Oregon? A felon may be able to restore their gun rights by successfully filing a motion to reduce their felony conviction to a misdemeanor or by waiting 15 years after discharge from parole for a single non-violent felony.
Can a felon possess a knife in Oregon? It depends on the type of knife. Oregon law states that a person who has committed a felony cannot own certain types of knives, particularly those designed primarily for use as weapons.
How long does a felony stay on your record in Oregon? The length of time a felony stays on your record varies depending on the classification of the felony. It’s typically 5-7 years after the most recent conviction or release from prison.
Can a felon live in a house with a gun in Oregon? No. A convicted felon cannot reside in a property where firearms are present.
Can I get my record expunged for free in Oregon? Yes. The PCC Legal Resource Center provides free expungement services, which can help remove the weight of a criminal history and enable more full participation in society.
What is the penalty for a felon in possession of a firearm in Oregon? Felon in possession of a firearm is a Class C felony, carrying a maximum penalty of 5 years in state prison and a $125,000 fine.
Does expungement restore gun rights in Oregon? Yes. Successfully expunging or “setting aside” a conviction is the single best way to restore gun rights.
Do you need a background check to buy a muzzleloader in Oregon? Yes, Oregon law requires a background check for all firearm transfers, including muzzleloaders.
What felonies cannot be expunged in Oregon? Class A felonies generally cannot be expunged in Oregon, with a few exceptions.
What is the clean slate law in Oregon? The Clean Slate policy authorizes states to automatically seal or expunge qualifying criminal records for people who remain crime-free for a set period.
Can a felon be around someone who owns a gun? Yes, but it can be risky. A felon can be found guilty of “constructive possession” if they know a firearm is present and have the ability to control it.
What weapons are prohibited in Oregon? Prohibited weapons in Oregon include, but are not limited to: any firearm, pellet gun, spring-loaded weapon, stun gun or taser, any knife having a blade that projects or swings into position by force of a spring or by centrifugal force, any knife with a blade longer than 3-½ inches, any dirk, dagger, or ice-pick.

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Disclaimer

This article provides general information and is not a substitute for legal advice from a qualified attorney. Laws are subject to change, and the information provided here may not be current or applicable to your specific situation. Always consult with an attorney before making decisions that may have legal consequences.

Can a felon own a bow in Oregon?