ORS 166.274
Redline — January 1, 2013 → current.View current text →
Current — January 1, 2017
As of January 1, 2013
(1) Except as provided in subsection (10) of this section, a person barred from possessing a firearm under ORS 166.250 (1)(c)(A) or (C) to (E) or 166.270 or barred from purchasing a firearm under ORS 166.470 (1)(a), (b) or (e) to (g) may file a petition for relief from the bar in the circuit court in the petitioner’s county of residence.
(1) Except as provided in subsection (11) of this section, a person barred from possessing or receiving a firearm may file a petition for relief from the bar in accordance with subsection (2) of this section if: (a) The person is barred from possessing a firearm under ORS 166.250 (1)(c)(A), (C) or (H) or 166.270; or (b) The person is barred from receiving a firearm under ORS 166.470 (1)(a) or (b) or, if the person has been convicted of a misdemeanor involving violence, ORS 166.470 (1)(g).
(2) A petition for relief described in this section must be filed in the circuit court in the petitioner’s county of residence.
(3) A person may apply once per calendar year for relief under the provisions of this section.
(4)(a) A person petitioning for relief under this section shall serve a copy of the petition on: (A) The city chief of police if the court in which the petition is filed is located in a city; or (B) The sheriff of the county in which the court is located. (b) The copy of the petition shall be served on the chief of police or sheriff at the same time the petition is filed at the court.
(5)(a) When a petition is denied, the judge shall cause that information to be entered into the Department of State Police computerized criminal history files.
(b) When a petition is granted, the judge shall cause that information and a fingerprint card of the petitioner to be entered into the Department of State Police computerized criminal history files. If, after a petition is granted, the petitioner is arrested and convicted of a crime that would disqualify the petitioner from purchasing or possessing a firearm, the Department of State Police shall notify the court that granted relief under this section. The court shall review the order granting relief and determine whether to rescind the order. The Department of State Police may charge a reasonable fee, under ORS 192.440, for the entry and maintenance of information under this section.
(b) When a petition is granted, the judge shall cause that information and a fingerprint card of the petitioner to be entered into the Department of State Police computerized criminal history files. If, after a petition is granted, the petitioner is arrested and convicted of a crime that would disqualify the petitioner from purchasing or possessing a firearm, the Department of State Police shall notify the court that granted relief under this section. The court shall review the order granting relief and determine whether to rescind the order. The Department of State Police may charge a reasonable fee, under ORS 192.324, for the entry and maintenance of information under this section.
(6) Notwithstanding the provisions of ORS 9.320, a party that is not a natural person, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section.
(7) If the petitioner seeks relief from the bar on possessing or purchasing a firearm, relief shall be granted when the petitioner demonstrates, by clear and convincing evidence, that the petitioner does not pose a threat to the safety of the public or the petitioner.
(8) Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as is practicable thereafter, but not more than 30 days thereafter. The judge shall then make findings and conclusions and issue a judgment based on the findings and conclusions in accordance with the requirements of law.
(9) A person filing a petition under this section must pay the filing fee established under ORS 21.135.
(10)(a) Initial appeals of petitions shall be heard de novo.
(b) Any party to a judgment under this subsection may appeal to the Court of Appeals in the same manner as for any other civil action.
(b) Any party to a judgment under this subsection may appeal to the Court of Appeals in the same manner as for any other civil action.
(c) If the governmental entity files an appeal under this subsection and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party.
(c) If the governmental entity files an appeal under this subsection and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party.
(10) The court may not grant relief under this section to a person who:
(a) Has been convicted of a person felony, as that term is defined in the rules of the Oregon Criminal Justice Commission, or the statutory counterpart to a person felony in any other jurisdiction, if the offense involved the use of a firearm or a deadly weapon as defined in ORS 161.015;
(b) Has been convicted of an offense listed in ORS 137.700 or the statutory counterpart to an offense listed in ORS 137.700 in any other jurisdiction; or
(c) Is currently serving a felony sentence as defined in ORS 10.030 or has served a felony sentence in the one-year period preceding the filing of the petition.
(a) The person is barred from possessing a firearm under ORS 166.250 (1)(c)(D) or (E);
(b) The person is barred from receiving a firearm under ORS 166.470 (1)(e) or (f); or
(c) The person is barred from possessing, receiving, shipping or transporting a firearm under 18 U.S.C. 922(d)(4) or (g)(4) as the result of a state mental health determination.
(2) The petitioner shall serve a copy of the petition on:
(a) The Department of Human Services and the Oregon Health Authority; and
(b) The district attorney in each county in which:
(A) The person was committed by a court to the Oregon Health Authority, or adjudicated by a court as a person with mental illness, under ORS 426.130;
(B) The person was committed by a court to the Department of Human Services, or adjudicated by a court as in need of commitment for residential care, treatment and training, under ORS 427.290;
(C) The person was found guilty except for insanity under ORS 161.295;
(D) The person was found responsible except for insanity under ORS 419C.411; or
(E) The person was found by a court to lack fitness to proceed under ORS 161.370.
(3) Following receipt of the petition, the board shall conduct a contested case hearing, make written findings of fact and conclusions of law on the issues before the board and issue a final order.
(4) The state and any person or entity described in subsection (2) of this section may appear and object to and present evidence relevant to the relief sought by the petitioner.
(5) The board shall grant the relief requested in the petition if the petitioner demonstrates, based on the petitioner’s reputation, the petitioner’s record, the circumstances surrounding the firearm disability and any other evidence in the record, that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest.
(6) If the board grants the relief requested in the petition, the board shall provide to the Department of State Police the minimum information necessary, as defined in ORS 181.740, to enable the department to:
(a) Maintain the information and transmit the information to the federal government as required under federal law; and
(b) Maintain a record of the person’s relief from the disqualification to possess or receive a firearm under ORS 166.250 (1)(c)(D) or (E) or 166.470 (1)(e) or (f).
(7) The petitioner may petition for judicial review of a final order of the board. The petition shall be filed in the circuit court of a county described in subsection (2)(b) of this section. The review shall be conducted de novo and without a jury.
(8) A petitioner may take an appeal from the circuit court to the Court of Appeals. Review by the Court of Appeals shall be conducted in accordance with ORS 183.500.
(9) A person may file a petition for relief under this section no more than once every two years.
(10) The board shall adopt procedural rules to carry out the provisions of this section.
(11) As used in this section, “state mental health determination” means:
(a) A finding by a court that a person lacks fitness to proceed under ORS 161.370;
(b) A finding that a person is guilty except for insanity of a crime under ORS 161.295 or responsible except for insanity of an act under ORS 419C.411 or any determination by the Psychiatric Security Review Board thereafter;
(c) A commitment by a court to the Oregon Health Authority, or an adjudication by a court that a person is a person with mental illness, under ORS 426.130; or
(d) A commitment by a court to the Department of Human Services, or an adjudication by a court that a person is in need of commitment for residential care, treatment and training, under ORS 427.290.
(2) Section 13, chapter 826, Oregon Laws 2009, as amended by section 22, chapter 826, Oregon Laws 2009, is repealed on January 2, 2016.
(3) The amendments to ORS 166.250, 166.274, 166.291 and 166.470 by sections 10, 11, 11a and 20, chapter 826, Oregon Laws 2009, become operative on January 2, 2016.
(2) Nothing in the repeal of section 5, chapter 826, Oregon Laws 2009, by section 14, chapter 826, Oregon Laws 2009, or the amendments to ORS 166.250, 166.274, 166.291 and 166.470 by sections 10, 11, 11a and 20, chapter 826, Oregon Laws 2009, affects the relief granted to a person under section 5, chapter 826, Oregon Laws 2009.
(11) The court may not grant relief under this section to a person who:
(a) Has been convicted of a person felony, as that term is defined in the rules of the Oregon Criminal Justice Commission, or the statutory counterpart to a person felony in any other jurisdiction, if the offense involved the use of a firearm or a deadly weapon as defined in ORS 161.015;
(b) Has been convicted of an offense listed in ORS 137.700 or the statutory counterpart to an offense listed in ORS 137.700 in any other jurisdiction; or
(c) Is currently serving a felony sentence as defined in ORS 10.030 or has served a felony sentence in the one-year period preceding the filing of the petition.
Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.