(1) Upon receiving a request to return a firearm or ammunition relinquished to a law enforcement agency pursuant to ORS 166.256, the law enforcement agency shall:
(a) Notify the Department of Justice of the return request for the purposes of notifying the petitioner of the order; and
(b) Hold the firearm or ammunition for 72 hours after receiving the request.
(2) Prior to returning the firearm or ammunition, the law enforcement agency shall:
(a) Confirm that the person to whom the law enforcement agency will return the firearm or ammunition is the lawful owner of the firearm or ammunition, or a person with a possessory right to the firearm or ammunition; and
(b) Perform a criminal background check as defined in ORS 166.432 to confirm that the person is not prohibited from possessing a firearm or ammunition under state or federal law.