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264 Or. App. 777

State v. W. B.

Court of Appeals of Oregon

Decided August 13, 2014

Court of Appeals of Oregon · decided 2014-08-13

Cited by 10 later decisions — most recently June 2018

10 state decisions

Key passage — most relied on by later courts

“is a condition precedent to the issuance of an order prohibiting the purchase or possession of a firearm, ORS 426.130(1)(a)(D).'”

quoted by 5 later decisions, including 292 Or. App. 409 - State v. N. J. A. (In re N. J. A.), 292 Or. App. 407 - State v. A. T. D. (In re A. T. D.)

“'Finding that an individual "is a person with mental illness”

quoted by 5 later decisions, including 292 Or. App. 409 - State v. N. J. A. (In re N. J. A.), 292 Or. App. 407 - State v. A. T. D. (In re A. T. D.)

Applies OR 426 § 426.005 · OR 426 § 426.130

Good law ✅— No negative treatment on recordhow we know

Decided 2014-08-13

View the full empirical analysis of this case →

PER CURIAM

¶1Appellant seeks reversal of a judgment committing her as a “person with mental illness” under ORS 426.130(l)(a)(C) for a period not to exceed 180 days and an order under ORS 426.130(l)(a)(D) prohibiting her from purchasing or possessing a firearm. Appellant argues that, contrary to the trial court’s ruling, the record does not establish by clear and convincing evidence that “because of a mental disorder,” she is “[u]nable to provide for basic personal needs and is not receiving such care as is necessary for health or safety.” ORS 426.005(l)(e)(B). The state concedes that the evidence is legally insufficient for involuntary commitment and that the judgment should be reversed. We agree, accept the state’s concession, and reverse the commitment judgment.

¶2Appellant also contends that the trial court erred in prohibiting her from purchasing or possessing a firearm. Finding that an individual “is a person with mental illness” is a condition precedent to the issuance of an order prohibiting the purchase or possession of a firearm, ORS 426.130(1)(a)(D). State v. Thierman, 161 Or App 175, 176, 984 P2d 320 (1999). Accordingly, the reason for our reversal of the commitment judgment also requires reversal of the firearms order. Id.

¶3Reversed.

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