Oregon Statutes 166.273 – Relief from firearm prohibitions related to mental health
(1) A person barred from transporting, shipping, possessing or receiving a firearm may file a petition with the Psychiatric Security Review Board for relief from the bar if:
Terms Used In Oregon Statutes 166.273
- 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.
- 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.
- 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)(D) or (E);
(b) The person is barred from receiving a firearm under ORS § 166.470 (1)(e) or (f) or, if the person has been found guilty except for insanity of a misdemeanor involving violence, ORS § 166.470 (1)(g); 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. Board members from the adult panel, the juvenile panel or a combination of both panels of the board may conduct the hearings described in this section.
(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 § 181A.290, 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), (f) or (g).
(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. [2009 c.826 § 5; 2009 c.826 18,18a; 2011 c.658 § 32; 2013 c.360 § 68; 2015 c.201 § 2]