Legal Opinion

Bentley v. Multnomah Cnty. Sheriff's Office

Court of Appeals of Oregon

Decided May 22, 2019No. A165143PublishedCited by 2 opinions

1Opinion of the CourtDeVORE, J.

*610Petitioner appeals from a judgment that denied his petition under ORS 166.274 for relief from a firearm restriction resulting from a robbery conviction.1 He argues that the trial court erred because he established that he does not pose a threat to the safety of the public or to himself. We agree and reverse.

We review the denial of a petition for relief from Oregon's firearms bar de novo on the record. ORS 166.274 (10)(a). Given that standard of review, "we independently assess and evaluate the evidence and reweigh the facts and reassess the persuasive force of the evidence." Dept. of Human…

2Cases cited2 opinions

  1. Dep't of Human Servs. v. D. W. M. (In re K. R. M.)Court of Appeals of Oregon · 2019
  2. Fitts v. CaseCourt of Appeals of Oregon · 2011

3Cited by2 opinions

  1. Newman v. Marion County Sheriff's OfficeCourt of Appeals of Oregon · 2023
  2. Newman v. Marion County Sheriff's OfficeCourt of Appeals of Oregon · 2023

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