Oregon Statutes 166.274 – Relief from prohibition against possessing or receiving firearm; fees
(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:
Terms Used In Oregon Statutes 166.274
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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 § 192.324, 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.
(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.
(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. [1989 c.839 § 11; 1991 c.67 § 37; 1993 c.732 3,4; 1995 c.518 § 2; 1995 c.658 § 88; 2009 c.499 § 2; 2009 c.826 19,20; 2010 c.86 1,2,3; 2011 c.595 59,60; 2011 c.662 3,4; 2015 c.7 6,7; 2015 c.201 § 4; 2015 c.497 5,6]