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

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

(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 and 166.292.

(2) Upon continuance of an extreme risk protection order after a hearing under ORS § 166.530, or renewal of an extreme risk protection order under ORS § 166.535, 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 and 166.292.

(3)(a) A law enforcement officer serving an extreme risk protection order issued under ORS § 166.527 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 and 166.292. 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, or renewed under ORS § 166.535, 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 and 166.292. 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]