Relief from prohibition against possessing or receiving firearm; fees
(1)Except as provided in subsection (11) of this section, a person barred from possessing or receiving a firearm may file a petition for relief from the bar in accordance with subsection (2) of this section if:
(a)The person is barred from possessing a firearm under ORS 166.250 (Unlawful possession of firearms) (1)(c)(A), (C) or (H) or 166.270 (Possession of weapons by certain felons); or
(b)The person is barred from receiving a firearm under ORS 166.470 (Limitations and conditions for sales of firearms) (1)(a) or (b) or, if the person has been convicted of a misdemeanor involving violence, ORS 166.470 (Limitations and conditions for sales of firearms) (1)(g).
(2)A petition for relief described in this section must be filed in the circuit court in the petitioner’s county of residence.
(3)A person may apply once per calendar year for relief under the provisions of this section.
(4)(a) A person petitioning for relief under this section shall serve a copy of the petition on:
(A)The city chief of police if the court in which the petition is filed is located in a city; or
(B)The sheriff of the county in which the court is located.
(b)The copy of the petition shall be served on the chief of police or sheriff at the same time the petition is filed at the court.
(5)(a) When a petition is denied, the judge shall cause that information to be entered into the Department of State Police computerized criminal history files.
(b)When a petition is granted, the judge shall cause that information and a fingerprint card of the petitioner to be entered into the Department of State Police computerized criminal history files. If, after a petition is granted, the petitioner is arrested and convicted of a crime that would disqualify the petitioner from purchasing or possessing a firearm, the Department of State Police shall notify the court that granted relief under this section. The court shall review the order granting relief and determine whether to rescind the order. The Department of State Police may charge a reasonable fee, under ORS 192.324 (Copies or inspection of public records), for the entry and maintenance of information under this section.
(6)Notwithstanding the provisions of ORS 9.320 (Necessity for employment of attorney), a party that is not a natural person, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section.
(7)If the petitioner seeks relief from the bar on possessing or purchasing a firearm, relief shall be granted when the petitioner demonstrates, by clear and convincing evidence, that the petitioner does not pose a threat to the safety of the public or the petitioner.
(8)Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as is practicable thereafter, but not more than 30 days thereafter. The judge shall then make findings and conclusions and issue a judgment based on the findings and conclusions in accordance with the requirements of law.
(9)A person filing a petition under this section must pay the filing fee established under ORS 21.135 (Standard filing fee).
(10)(a) Initial appeals of petitions shall be heard de novo.
(b)Any party to a judgment under this subsection may appeal to the Court of Appeals in the same manner as for any other civil action.
(c)If the governmental entity files an appeal under this subsection and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party.
(11)The court may not grant relief under this section to a person who:
(a)Has been convicted of a person felony, as that term is defined in the rules of the Oregon Criminal Justice Commission, or the statutory counterpart to a person felony in any other jurisdiction, if the offense involved the use of a firearm or a deadly weapon as defined in ORS 161.015 (General definitions);
(b)Has been convicted of an offense listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) or the statutory counterpart to an offense listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) in any other jurisdiction; or
(c)Is currently serving a felony sentence as defined in ORS 10.030 (Eligibility for jury service) or has served a felony sentence in the one-year period preceding the filing of the petition. [1989 c.839 §11; 1991 c.67 §37; 1993 c.732 §§3,4; 1995 c.518 §2; 1995 c.658 §88; 2009 c.499 §2; 2009 c.826 §§19,20; 2010 c.86 §§1,2,3; 2011 c.595 §§59,60; 2011 c.662 §§3,4; 2015 c.7 §§6,7; 2015 c.201 §4; 2015 c.497 §§5,6]
§§ 166.270 to 166.274
Law Review Citations
26 WLR 566 (1990)
Law Review Citations
51 OLR 427-637 (1972); 69 OLR 169 (1990)