Oregon
Or. Rev. Stat. Ann. § 166.525
 to §543

Who May Petition

LEO or spouse, intimate partner, mother, father, child or sibling of the respondent, or any person living within the same household as the respondent.

Burden of proof for Emergency Order or Ex Parte Order

Clear and convincing evidence that the respondent presents a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person.

Notice and Opportunity

Notice of respondent's right to request a hearing to be held within 30 days of service

Service

Personally by any person

What is Prohibited?

Custody or control, owning, purchasing, possessing or receiving, or attempting to purchase or receive, a deadly weapon.

Relinquish Firearms

Within 24 hours must surrender deadly weapons to a named law enforcement agency, a licensed firearm dealer, or a 3rd party who may lawfully posses a weapon. Concealed handgun license must be surrendered to named LEA

Seizure by LEA

LEO must get search warrant for firearms not relenquished

Burden of Proof at Hearing

Clear and convincing evidence that the respondent presents a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person.

Authority to Order Mental Health/Substance Abuse Evaluation

Not specified. The court may not include in findings made under this subsection any mental health diagnosis or any connection between the risk presented by the respondent and mental illness.

Entry into NICS

Entry into NICS and state database system by designated LEA

Duration of Order after Hearing

1 year

Warrantless Arrest Permitted in Statute

 

Criminal Penalty

Misdemeanor

Contempt Penalty

 

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