Emergency Management and Services

ORS 401.198
Seizure of firearms during emergency


(1)

As used in this section, “unit of government” means any department or agency of the federal government and any public body as defined by ORS 174.109 (“Public body” defined).

(2)

Notwithstanding ORS 401.165 (Declaration of state of emergency) to 401.236 (Rules), a unit of government may not seize a firearm from an individual who lawfully possesses the firearm during a state of emergency declared under ORS 401.165 (Declaration of state of emergency).

(3)

If a unit of government seizes a firearm from an individual during a state of emergency in violation of this section, the individual may recover from the unit of government that seized the firearm all costs incurred in the recovery of the firearm, including attorney fees, court costs and any other costs incurred in the recovery of the firearm. [Formerly 401.039]
Chapter 401

Law Review Citations

54 OLR 677 (1975)


Source

Last accessed
Jun. 26, 2021