(1) If an extreme risk protection order is terminated or expires without renewal, a law enforcement agency holding any deadly weapon or concealed handgun license that has been surrendered pursuant to the order shall return the surrendered items as requested by the respondent of the order only after:

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(a) Confirming through a criminal background check, if the deadly weapon is a firearm, that the respondent is legally eligible to own or possess firearms under state and federal law; and

(b) Confirming that the extreme risk protection order is no longer in effect.

(2) The owner of a deadly weapon, if the deadly weapon is a firearm, in the custody of a law enforcement agency pursuant to ORS § 166.537 who does not wish to have the firearm returned is entitled to sell or transfer title of any firearm to a licensed gun dealer as defined in ORS § 166.412, provided that the firearm is lawful to own or possess and the person has a legal right to transfer title of the firearm.

(3) A deadly weapon surrendered by a person pursuant to ORS § 166.537 that remains unclaimed by the owner shall be disposed of in accordance with the law enforcement agency’s policies and procedures for the disposal of deadly weapons in the agency’s custody. [2017 c.737 § 7]