ORS 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:

(a)

The person is barred from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c)(D) or (E);

(b)

The person is barred from receiving a firearm under ORS 166.470 (Limitations and conditions for sales of firearms) (1)(e) or (f) or, if the person has been found guilty except for insanity of a misdemeanor involving violence, ORS 166.470 (Limitations and conditions for sales of firearms) (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 (Court determination of mental illness);

(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 (Determination by court of need for commitment);

(C)

The person was found guilty except for insanity under ORS 161.295 (Effect of qualifying mental disorder);

(D)

The person was found responsible except for insanity under ORS 419C.411 (Disposition order); or

(E)

The person was found by a court to lack fitness to proceed under ORS 161.370 (Determination of fitness to proceed).

(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 (Certain information required from agencies), 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 (Unlawful possession of firearms) (1)(c)(D) or (E) or 166.470 (Limitations and conditions for sales of firearms) (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 (Appeals).

(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 (Determination of fitness to proceed);

(b)

A finding that a person is guilty except for insanity of a crime under ORS 161.295 (Effect of qualifying mental disorder) or responsible except for insanity of an act under ORS 419C.411 (Disposition order) 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 (Court determination of mental illness); 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 (Determination by court of need for commitment). [2009 c.826 §5; 2009 c.826 §§18,18a; 2011 c.658 §32; 2013 c.360 §68; 2015 c.201 §2]

Source: Section 166.273 — Relief from firearm prohibitions related to mental health, https://www.­oregonlegislature.­gov/bills_laws/ors/ors166.­html.

166.005
Treason
166.015
Riot
166.023
Disorderly conduct in the first degree
166.025
Disorderly conduct in the second degree
166.065
Harassment
166.070
Aggravated harassment
166.075
Abuse of venerated objects
166.076
Abuse of a memorial to the dead
166.085
Abuse of corpse in the second degree
166.087
Abuse of corpse in the first degree
166.090
Telephonic harassment
166.095
Misconduct with emergency telephone calls
166.116
Interfering with public transportation
166.155
Bias crime in the second degree
166.165
Bias crime in the first degree
166.167
Community service as sentence for bias crime
166.170
State preemption
166.171
Authority of county to regulate discharge of firearms
166.172
Authority of city to regulate discharge of firearms
166.173
Authority of city or county to regulate possession of loaded firearms in public places
166.174
Authority of city, county, municipal corporation or district to regulate possession or sale of firearms
166.175
Authority of city to regulate purchase of used firearms
166.176
Exception to preemption for certain county ordinances
166.180
Negligently wounding another
166.190
Pointing firearm at another
166.210
Definitions
166.220
Unlawful use of weapon
166.240
Carrying of concealed weapons
166.250
Unlawful possession of firearms
166.255
Possession of firearm or ammunition by certain persons prohibited
166.256
Relinquishment of firearm upon person becoming subject to certain court orders
166.257
Return of relinquished firearm
166.259
Relinquishment of firearm upon conviction of certain offenses
166.260
Persons not affected by ORS 166.250
166.262
Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370
166.263
Authority of parole and probation officer to carry firearm
166.270
Possession of weapons by certain felons
166.272
Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers
166.273
Relief from firearm prohibitions related to mental health
166.274
Relief from prohibition against possessing or receiving firearm
166.275
Possession of weapons by inmates of institutions
166.279
Forfeiture of deadly weapons
166.282
Sale of weapons by political subdivision
166.291
Issuance of concealed handgun license
166.292
Procedure for issuing
166.293
Denial or revocation of license
166.295
Renewal of license
166.297
Annual report regarding revocation of licenses
166.300
Killing or injuring another with firearm as cause for loss of right to bear arms
166.320
Setting springgun or setgun
166.330
Use of firearms with other than incombustible gun wadding
166.350
Unlawful possession of armor piercing ammunition
166.360
Definitions for ORS 166.360 to 166.380
166.370
Possession of firearm or dangerous weapon in public building or court facility
166.373
Possession of weapon in court facility by peace officer or federal officer
166.375
Possession of handgun or ammunition by Department of Corrections authorized staff member
166.377
Possession of firearms in certain public buildings by concealed handgun licensees
166.380
Examination of firearm by peace officer
166.382
Possession of destructive device prohibited
166.384
Unlawful manufacture of destructive device
166.385
Possession of hoax destructive device
166.390
Short title
166.392
Definitions
166.395
Securing firearms
166.397
Reporting loss or theft of firearm
166.400
Requirement that firearm be locked during transfer
166.403
Duty to supervise upon transfer of firearm to minor
166.405
Gun dealer notice requirement
166.410
Manufacture, importation or sale of firearms
166.412
Definitions
166.414
Fees for conducting criminal history record checks
166.416
Providing false information in connection with a transfer of a firearm
166.418
Improperly transferring a firearm
166.421
Stolen firearms
166.422
Enforcement of ORS 166.412
166.425
Unlawfully purchasing a firearm
166.427
Register of transfers of used firearms
166.429
Firearms used in felony
166.432
Definitions for ORS 166.412 and 166.433 to 166.441
166.433
Findings regarding transfers of firearms
166.434
Requirements for criminal background checks
166.435
Firearm transfers by unlicensed persons
166.436
Department of State Police criminal background checks for gun show firearm transfers
166.438
Transfer of firearms at gun shows
166.441
Form for transfer of firearm at gun show
166.445
Short title
166.450
Obliteration or change of identification number on firearms
166.460
Antique firearms excepted
166.470
Limitations and conditions for sales of firearms
166.480
Sale or gift of explosives to children
166.490
Purchase of firearms in certain other states
166.525
Definitions
166.527
Petition for ex parte order
166.530
Hearing on order
166.533
Hearing to terminate order
166.535
Renewal of order
166.537
Surrender of deadly weapons pursuant to order
166.540
Return of surrendered deadly weapons
166.543
Criminal penalties
166.630
Discharging weapon on or across highway, ocean shore recreation area or public utility facility
166.635
Discharging weapon or throwing objects at trains
166.638
Discharging weapon across airport operational surfaces
166.641
Definitions for ORS 166.641 to 166.643
166.642
Felon in possession of body armor
166.643
Unlawful possession of body armor
166.645
Hunting in cemeteries prohibited
166.649
Throwing an object off an overpass in the second degree
166.651
Throwing an object off an overpass in the first degree
166.660
Unlawful paramilitary activity
166.663
Casting artificial light from vehicle while possessing certain weapons prohibited
166.715
Definitions for ORS 166.715 to 166.735
166.720
Racketeering activity unlawful
166.725
Remedies for violation of ORS 166.720
166.730
Authority of investigative agency
166.735
Short title
Green check means up to date. Up to date