Signed by Governor Kate Brown

Vote Smart's Synopsis:

A vote to pass a bill that authorizes a court to prohibit an individual at risk for suicide from possessing a deadly weapon.

Highlights:

• Authorizes a law enforcement officer, family member, or an individual within the same household of a person at risk for suicide to petition the court for a 1-year extreme risk protection order prohibiting them from possessing a deadly weapon (Sec. 2).

• Specifies that the court may only issue this order if it finds by clear and convincing evidence that the respondent presents a risk in the near future of suicide or of causing physical injury to another individual (Sec. 2)

• Specifies factors that the court must consider in deciding whether to issue this order, such as a history of suicide threats or attempts, acts of violence or certain prior convictions (Sec. 3).

• Specifies that an individual for which a protection order has been petitioned has 30 days to request a hearing to contest the order before it is confirmed and effective for 1 year (Sec. 2).

• Requires an individual who is subject to an extreme risk protection order to surrender a any deadly weapons to a law enforcement agency, gun dealer or a third party who may lawfully possess the weapons (Sec. 6).

• Requires the weapons to be returned when the order is terminated or expires (Sec. 6).

• Specifies that it is a Class A misdemeanor for an individual subject to an extreme risk protection order to knowingly possess a deadly weapon and any individual who commits this offense will be prohibited from possessing a firearm for an additional 5 years (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

A vote to pass a bill that prohibits individuals who the court has determined to be a risk for suicide or causing injury to another individual from possessing a deadly weapon.

Highlights:

• Authorizes a law enforcement officer or family or household member of a person to petition the court for a 1-year extreme risk protection order, which prohibits the respondent from possessing a deadly weapon (Sec. 2).

• Specifies that the court may only issue this order if it finds by clear and convincing evidence that the respondent presents a risk in the near future of suicide or of causing physical injury to another person (Sec. 2)

• Specifies factors that the court must consider in deciding whether to issue this order, such as a history of suicide threats or attempts, acts of violence or certain prior convictions (Sec. 3).

• Specifies that a respondent has 30 days to request a hearing once served with the order and that the hearing must occur within 21 days after it’s requested (Sec. 2).

• Specifies that if  the respondent does not request a hearing within 30 days, the order is confirmed and is effective for one year (Sec. 2).

• Requires an individual who is subject to an extreme risk protection order to surrender a any deadly weapons to a law enforcement agency, gun dealer or a third party who may lawfully possess the weapons (Sec. 6).

• Requires the weapons to be returned when the order is terminated or expires (Sec. 6).

• Specifies that it is a Class A misdemeanor to knowingly possess a deadly weapon when the person is subject to an extreme risk protection order and any individual who commits this offense is also prohibited from possessing a firearm for 5 years (Sec. 8).

Full Bill Text