(1) As used in this section, ‘unit of government’ means any department or agency of the federal government and any public body as defined by ORS § 174.109.

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Terms Used In Oregon Statutes 401.198

  • Emergency: means a human created or natural event or circumstance that causes or threatens widespread loss of life, injury to person or property, human suffering or financial loss, including but not limited to:

    (a) Fire, wildfire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous material as defined in ORS § 466. See Oregon Statutes 401.025

  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109

(2) Notwithstanding ORS § 401.165 to 401.236, a unit of government may not seize a firearm from an individual who lawfully possesses the firearm during a state of emergency declared under ORS § 401.165.

(3) If a unit of government seizes a firearm from an individual during a state of emergency in violation of this section, the individual may recover from the unit of government that seized the firearm all costs incurred in the recovery of the firearm, including attorney fees, court costs and any other costs incurred in the recovery of the firearm. [Formerly 401.039]

 

[1981 c.763 § 3; 1983 c.586 § 27; renumbered 401.355]

 

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