Oregon HB 2013 - Risk Protection Orders

Oregon HB 2013

Relating to court orders; declaring an emergency

by Jennifer Williamson (D)*

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LEAP Forward Position:  Support

LEAP Forward Position: Support

Bill Summary

Provides that person subject to certain court protective orders is prohibited from possessing firearms if person had opportunity to be heard on order and did not request hearing or withdrew request before hearing occurred. Punishes violation of prohibition by maximum of 364 days' imprisonment, $6,250 fine, or both. Requires court to order relinquishment of firearms when person is convicted of certain domestic violence offenses or subject to certain court orders. Requires person to transfer firearms within 24 hours of court order. Requires court to notify district attorney and Department of State Police if person does not file affidavit or declaration concerning possession of firearms. Requires law enforcement agency that takes custody of firearms pursuant to relinquishment order to notify Department of Justice and perform criminal background check prior to law enforcement agency's return of firearms. Declares emergency, effective on passage.


SECTION 3. (1) When a person is convicted of an offense described in ORS 166.255 (1)(b) or (c), the court shall, at the time of conviction:

(a) Indicate in the judgment of conviction that the person is prohibited from possessing firearms under ORS 166.250 and 166.255; (b) Inform the person, orally and in writing, that the person is prohibited from possessing firearms; and (c) Order in writing that the person transfer all firearms in the person’s possession in accordance with subsection (2) of this section. (2)(a) Within 24 hours of the court’s order under subsection (1) of this section, the person shall transfer all firearms in the person’s possession to a local law enforcement agency, to a gun dealer as defined in ORS 166.412 or to a third party in accordance with ORS 166.435, and shall obtain a proof of transfer under paragraph (b) of this subsection. (b) A law enforcement agency, gun dealer or third party receiving a firearm pursuant to this section shall issue to the person a written proof of transfer. The proof of transfer must include the person’s name, the date of transfer and the serial number, make and model of each transferred firearm. (c) In addition to issuing the proof of transfer described in paragraph (b) of this subsection, a third party receiving a firearm under this subsection shall file with the court a declaration confirming receipt of the firearm and stating that: (A) The third party understands that the person is prohibited from possessing firearms; and
(B) The third party is subject to criminal penalties if the third party allows the person

access to the firearm during the prohibition. (3)(a) A law enforcement agency may accept any firearm transferred under this section.

(b) A gun dealer may purchase or may accept for storage a firearm transferred under this section.

(4) Within 48 hours, excluding Saturdays, Sundays and holidays, of the court’s order un

der subsection (1)(c) of this section, the person may file with the court:

(a) An affidavit or declaration, accompanied by a copy of the proof of transfer, attesting that all firearms in the person’s possession at the time of sentencing have been transferred under subsection (2) of this section and that the person no longer is in possession of any firearms; or (b) An affidavit or declaration attesting that the person was not in possession of any firearms at the time of the court’s order and continues to not possess any firearms. (5) A person in possession of a firearm in violation of ORS 166.255 (1)(b) or (c) may not be prosecuted under ORS 166.250 if: (a) The person is in possession of a court order described in subsection (1)(c) of this section issued within the previous 24 hours; (b) The firearm is unloaded; and (c) The person is transporting the firearm to a law enforcement agency, gun dealer or third party in accordance with subsection (2) of this section. (6)(a) If the person does not file an affidavit or declaration described in subsection (4) of this section, the court shall notify the district attorney and the Department of State Police. Upon receiving a notification from the court under this subsection, the department shall determine whether, based on all available information, probable cause exists that the person is unlawfully in possession of a firearm, and may accordingly apply for a search warrant under ORS 133.545. (b) If the court finds that probable cause exists, the court may issue a warrant pursuant to ORS 133.525 to 133.703 for the search for and seizure of firearms in the possession of the person.