Senate Bill 868
Creates process for obtaining extreme risk protection order prohibiting person from possessing firearms when court finds that person presents imminent risk, or risk in foreseeable future, of suicide or causing injury to other persons.
2-28 (S)
Introduction and first reading. Referred to President's desk.
3-2 (S)
Referred to Judiciary.
7-7 (S)
In committee upon adjournment.
Overview
- Creates process for obtaining extreme risk protection order prohibiting person from possessing firearms when court finds that person presents imminent risk, or risk in foreseeable future, of suicide or causing injury to other persons.
Key provisions
- Creates process for obtaining extreme risk protection order prohibiting person from possessing firearms when court finds that person presents imminent risk, or risk in foreseeable future, of suicide or causing injury to other persons.
- Establishes procedures for peace officer or family or household member of person to apply for order.
- Establishes procedures for respondent to request hearing, and for continuance of extreme risk protection order after hearing or if hearing is not requested.
- Establishes procedures for termination and renewal of order.
- Requires court to order respondent to surrender firearms, ammunition and concealed handgun license upon issuance of order.
- Provides for law enforcement officer serving order to request immediate surrender of firearms and to carry out lawful search and seizure of firearms.
- Punishes violation of order, or false application for order, by maximum of one year’s imprisonment, $6,250 fine, or both.
- Takes effect on 91st day following adjournment sine die.
Penalties / enforcement
- Punishes violation of order, or false application for order, by maximum of one year’s imprisonment, $6,250 fine, or both.
Effective date / timeline
- Establishes procedures for respondent to request hearing, and for continuance of extreme risk protection order after hearing or if hearing is not requested.
- Requires court to order respondent to surrender firearms, ammunition and concealed handgun license upon issuance of order.
- Punishes violation of order, or false application for order, by maximum of one year’s imprisonment, $6,250 fine, or both.
- Takes effect on 91st day following adjournment sine die.
Exceptions / carve-outs
- Not specified in the OLIS summary.
- Senate Bill 719Enacted
Creates process for obtaining extreme risk protection order prohibiting person from possessing deadly weapon when court finds that person presents risk in near future, including imminent risk, of suicide or causing injury to another person.
- House Bill 3047Enacted
Creates exception allowing use of unmanned aircraft system capable of firing bullet or projectile in certain circumstances.
- House Bill 2126Dead
Repeals requirement that person engaged in business of selling, leasing or otherwise transferring firearms record in register purchase or acceptance in trade of used firearm and provide copy of record to law enforcement agency.
- House Bill 2127Dead
Directs Department of Justice to create and maintain list of states that recognize Oregon concealed handgun licenses and require handgun competency to obtain concealed handgun license that is similar to competency required in Oregon.
- House Bill 2130Dead
Creates crime of endangering a minor by allowing access to a firearm.