This text of Oregon § 166.256 (Relinquishment of firearm upon person becoming subject to certain court orders) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)(a) When a respondent becomes subject to an order described in ORS 166.255 (1)(a) prohibiting the respondent from possessing firearms or ammunition, the court shall: (A)Indicate in the order that the respondent is prohibited from possessing firearms and ammunition under ORS 166.250 and 166.255 while the order is in effect. (B)Ensure that the respondent is subject to an additional order:
(i)Requiring the respondent to transfer all firearms and ammunition in the respondent’s possession in accordance with subsection (2) of this section; and
(ii)Requiring the respondent to file a declaration as described in subsection (4) of this section.
(b)If the respondent becomes subject to the order while the respondent is present in court, the court shall:
(A)Inform the respondent, orally and in
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(1)(a) When a respondent becomes subject to an order described in ORS 166.255 (1)(a) prohibiting the respondent from possessing firearms or ammunition, the court shall:
(A) Indicate in the order that the respondent is prohibited from possessing firearms and ammunition under ORS 166.250 and 166.255 while the order is in effect.
(B) Ensure that the respondent is subject to an additional order:
(i) Requiring the respondent to transfer all firearms and ammunition in the respondent’s possession in accordance with subsection (2) of this section; and
(ii) Requiring the respondent to file a declaration as described in subsection (4) of this section.
(b) If the respondent becomes subject to the order while the respondent is present in court, the court shall:
(A) Inform the respondent, orally and in writing, that the respondent is prohibited from possessing firearms and ammunition;
(B) Order in writing that the respondent transfer all firearms and ammunition in the respondent’s possession in accordance with subsection (2) of this section; and
(C) Order that the respondent file a declaration as described in subsection (4) of this section.
(2)(a) Within 24 hours of becoming subject to the court order under subsection (1)(a)(B) of this section or receiving the court order under subsection (1)(b)(B) of this section, the respondent shall transfer all firearms and ammunition in the respondent’s possession to a local law enforcement agency, to a gun dealer as defined in ORS 166.412 or to a third party who does not reside with the respondent, and shall obtain a proof of transfer under paragraph (b) of this subsection. A transfer to a third party under this subsection must be in accordance with ORS 166.435, except that the criminal background check exceptions in ORS 166.435 (4) do not apply.
(b) A law enforcement agency, gun dealer or third party receiving a firearm or ammunition pursuant to this subsection shall issue to the respondent a written proof of transfer. The proof of transfer must include the respondent’s name, the date of transfer and the serial number, make and model of each transferred firearm. A proof of transfer issued by a third party must also include the unique approval number from the Department of State Police from the criminal background check conducted under ORS 166.435.
(c) A respondent transferring a firearm or ammunition to a third party under this subsection shall additionally obtain from the third party a declaration under penalty of perjury confirming receipt of the firearm or ammunition and attesting that:
(A) The third party understands that the respondent is prohibited from possessing firearms and ammunition; and
(B) The third party is subject to criminal penalties if the third party allows the respondent access to the firearm or ammunition during the prohibition.
(3)(a) A law enforcement agency may accept a firearm or ammunition transferred under this section.
(b) A gun dealer may purchase or may accept for storage a firearm or ammunition transferred under this section.
(4)(a) Within two judicial days of becoming subject to the court order under subsection (1)(a)(B) of this section or receiving the court order under subsection (1)(b)(B) of this section, the respondent shall file with the court a declaration under penalty of perjury attesting that:
(A) All firearms and ammunition in the respondent’s possession have been transferred under subsection (2) of this section to:
(i) A law enforcement agency;
(ii) A gun dealer; or
(iii) A third party;
(B) The respondent was not in possession of any firearms at the time of the court’s order and continues to not possess any firearms; or
(C) The respondent is asserting the respondent’s constitutional right against self-incrimination.
(b) The respondent shall file with the declaration a copy of the proof of transfer, if applicable, and a copy of the third party declaration, if applicable.
(5) The respondent shall concurrently file with the district attorney copies of the declaration, proof of transfer and third party declaration filed with the court under subsection (4) of this section.
(6) A respondent in possession of a firearm or ammunition in violation of ORS 166.255 (1)(a) may not be prosecuted under ORS 166.250 if:
(a) The respondent is in possession of a court order described in subsection (1)(a)(B) or (1)(b)(B) of this section that went into effect or was issued within the previous 24 hours;
(b) The firearm is unloaded; and
(c) The respondent is transporting the firearm or ammunition to a law enforcement agency, gun dealer or third party for transfer in accordance with subsection (2) of this section.
(7) Upon the expiration or termination of the order described in ORS 166.255 (1)(a), at the request of the respondent:
(a) A law enforcement agency shall return any stored firearms and ammunition to the respondent in accordance with ORS 166.257.
(b) A gun dealer shall return any stored firearms and ammunition to the respondent after performing a criminal background check as defined in ORS 166.432 to confirm that the respondent is not prohibited from possessing a firearm or ammunition under state or federal law.
(c) A third party shall return any stored firearms and ammunition to the respondent only after requesting a criminal background check in accordance with ORS 166.435, except that the criminal background check exceptions in ORS 166.435 (4) do not apply.
(8) If the respondent does not file a declaration described in subsection (4) of this section, the district attorney may commence contempt proceedings under ORS 33.015 to 33.155.