2017 ORS 166.537¹
Surrender of deadly weapons pursuant to order

(1) Upon issuance of an extreme risk protection order under ORS 166.527 (Petition for ex parte order), the court shall further order that the respondent:

(a) Within 24 hours surrender all deadly weapons in the respondent’s custody, control or possession to a law enforcement agency, a gun dealer or a third party who may lawfully possess the deadly weapons; and

(b) Within 24 hours surrender to a law enforcement agency any concealed handgun license issued to the respondent under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing).

(2) Upon continuance of an extreme risk protection order after a hearing under ORS 166.530 (Hearing on order), or renewal of an extreme risk protection order under ORS 166.535 (Renewal of order), the court shall further order that the respondent:

(a) Immediately surrender all deadly weapons in the respondent’s custody, control or possession to a law enforcement agency, a gun dealer or a third party who may lawfully possess the deadly weapons; and

(b) Immediately surrender to a law enforcement agency any concealed handgun license issued to the respondent under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing).

(3)(a) A law enforcement officer serving an extreme risk protection order issued under ORS 166.527 (Petition for ex parte order) shall request that the respondent immediately surrender to the officer all deadly weapons in the respondent’s custody, control or possession and any concealed handgun license issued to the respondent under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing). The law enforcement officer shall take possession of all deadly weapons appearing to be in the custody, control or possession of the respondent that are surrendered by the respondent. If the respondent indicates an intention to surrender the deadly weapons to a gun dealer or a third party, the law enforcement officer shall request that the respondent identify the gun dealer or third party.

(b) A law enforcement officer serving an extreme risk protection order continued after a hearing under ORS 166.530 (Hearing on order), or renewed under ORS 166.535 (Renewal of order), shall request that the respondent immediately surrender to the officer all deadly weapons in the respondent’s custody, control or possession and any concealed handgun license issued to the respondent under ORS 166.291 (Issuance of concealed handgun license) and 166.292 (Procedure for issuing). The officer may conduct any search permitted by law for deadly weapons in the custody, control or possession of the respondent and shall take possession of all deadly weapons appearing to be in the custody, control or possession of the respondent that are surrendered, in plain sight or discovered pursuant to a lawful search.

(4) At the time of the surrender of any deadly weapons or concealed handgun licenses under subsection (3) of this section, the law enforcement officer taking possession shall issue a receipt identifying all surrendered items and provide a copy of the receipt to the respondent. Within 72 hours after service of the order, the law enforcement officer serving the order shall file the original receipt with the court and shall ensure that the law enforcement agency employing the law enforcement officer retains a copy of the receipt.

(5) If a third party claims lawful ownership or right of possession of a deadly weapon surrendered pursuant to this section, the law enforcement agency may return the deadly weapon to the third party if the third party provides proof of lawful ownership or right of possession of the deadly weapon, in a sworn affidavit, affirms that:

(a) The third party may lawfully possess the deadly weapon;

(b) The third party did not consent to the prior possession of the deadly weapon by the respondent; and

(c) The third party will prevent the respondent from accessing or possessing the deadly weapon in the future. [2017 c.737 §6]

Chapter 166

Law Review Cita­tions

51 OLR 427-637 (1972); 69 OLR 169 (1990)

1 Legislative Counsel Committee, CHAPTER 166—Offenses Against Public Order; Firearms and Other Weapons; Racketeering, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors166.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 166, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano166.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.