(a) The person is barred from possessing a firearm under ORS 166.250 (1)(c)(A), (C) or (H) or 166.270; or
(b) The person is barred from receiving a firearm under ORS 166.470 (1)(a) or (b) or, if the person has been convicted of a misdemeanor involving violence, ORS 166.470 (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, for the entry and maintenance of information under this section.
(6) Notwithstanding the provisions of ORS 9.320, 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.
(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;
(b) Has been convicted of an offense listed in ORS 137.700 or the statutory counterpart to an offense listed in ORS 137.700 in any other jurisdiction; or
(c) Is currently serving a felony sentence as defined in ORS 10.030 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]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering
Section 166.023 - Disorderly conduct in the first degree.
Section 166.025 - Disorderly conduct in the second degree.
Section 166.070 - Aggravated harassment.
Section 166.075 - Abuse of venerated objects.
Section 166.076 - Abuse of a memorial to the dead.
Section 166.085 - Abuse of corpse in the second degree.
Section 166.087 - Abuse of corpse in the first degree.
Section 166.090 - Telephonic harassment.
Section 166.095 - Misconduct with emergency telephone calls.
Section 166.116 - Interfering with public transportation.
Section 166.155 - Bias crime in the second degree.
Section 166.165 - Bias crime in the first degree.
Section 166.167 - Community service as sentence for bias crime.
Section 166.170 - State preemption.
Section 166.171 - Authority of county to regulate discharge of firearms.
Section 166.172 - Authority of city to regulate discharge of firearms.
Section 166.175 - Authority of city to regulate purchase of used firearms.
Section 166.176 - Exception to preemption for certain county ordinances.
Section 166.210 - Definitions.
Section 166.220 - Unlawful use of weapon.
Section 166.240 - Carrying of concealed weapons.
Section 166.250 - Unlawful possession of firearms.
Section 166.255 - Possession of firearm or ammunition by certain persons prohibited.
Section 166.256 - Relinquishment of firearm upon person becoming subject to certain court orders.
Section 166.257 - Return of relinquished firearm.
Section 166.259 - Relinquishment of firearm upon conviction of certain offenses.
Section 166.260 - Persons not affected by ORS 166.250.
Section 166.263 - Authority of parole and probation officer to carry firearm.
Section 166.270 - Possession of weapons by certain felons.
Section 166.273 - Relief from firearm prohibitions related to mental health.
Section 166.274 - Relief from prohibition against possessing or receiving firearm; fees.
Section 166.279 - Forfeiture of deadly weapons.
Section 166.282 - Sale of weapons by political subdivision; disposition of proceeds.
Section 166.291 - Issuance of concealed handgun license; application; fees; liability.
Section 166.292 - Procedure for issuing; form of license; duration.
Section 166.293 - Denial or revocation of license; review.
Section 166.295 - Renewal of license.
Section 166.297 - Annual report regarding revocation of licenses.
Section 166.300 - Killing or injuring another with firearm as cause for loss of right to bear arms.
Section 166.320 - Setting springgun or setgun.
Section 166.350 - Unlawful possession of armor piercing ammunition.
Section 166.360 - Definitions for ORS 166.360 to 166.380.
Section 166.373 - Possession of weapon in court facility by peace officer or federal officer.
Section 166.377 - Possession of firearms in certain public buildings by concealed handgun licensees.
Section 166.382 - Possession of destructive device prohibited; exceptions.
Section 166.384 - Unlawful manufacture of destructive device.
Section 166.385 - Possession of hoax destructive device.
Section 166.392 - Definitions.
Section 166.395 - Securing firearms; penalties; civil liability.
Section 166.397 - Reporting loss or theft of firearm; penalties; civil liability.
Section 166.400 - Requirement that firearm be locked during transfer; penalties; civil liability.
Section 166.403 - Duty to supervise upon transfer of firearm to minor; civil liability.
Section 166.414 - Fees for conducting criminal history record checks.
Section 166.416 - Providing false information in connection with a transfer of a firearm.
Section 166.418 - Improperly transferring a firearm.
Section 166.421 - Stolen firearms; determination; telephone requests.
Section 166.422 - Enforcement of ORS 166.412.
Section 166.425 - Unlawfully purchasing a firearm.
Section 166.427 - Register of transfers of used firearms.
Section 166.432 - Definitions for ORS 166.412 and 166.433 to 166.441.
Section 166.433 - Findings regarding transfers of firearms.
Section 166.434 - Requirements for criminal background checks; fees.
Section 166.435 - Firearm transfers by unlicensed persons; requirements; exceptions; penalties.
Section 166.438 - Transfer of firearms at gun shows; penalties.
Section 166.441 - Form for transfer of firearm at gun show.
Section 166.445 - Short title.
Section 166.460 - Antique firearms excepted.
Section 166.470 - Limitations and conditions for sales of firearms.
Section 166.490 - Purchase of firearms in certain other states.
Section 166.525 - Definitions.
Section 166.527 - Petition for ex parte order; issuance and service of order; request for hearing.
Section 166.530 - Hearing on order; continuation or termination of order.
Section 166.533 - Hearing to terminate order.
Section 166.535 - Renewal of order.
Section 166.537 - Surrender of deadly weapons pursuant to order.
Section 166.540 - Return of surrendered deadly weapons.
Section 166.543 - Criminal penalties.
Section 166.635 - Discharging weapon or throwing objects at trains.
Section 166.638 - Discharging weapon across airport operational surfaces.
Section 166.641 - Definitions for ORS 166.641 to 166.643.
Section 166.642 - Felon in possession of body armor.
Section 166.643 - Unlawful possession of body armor.
Section 166.645 - Hunting in cemeteries prohibited.
Section 166.649 - Throwing an object off an overpass in the second degree.
Section 166.651 - Throwing an object off an overpass in the first degree.
Section 166.660 - Unlawful paramilitary activity.
Section 166.663 - Casting artificial light from vehicle while possessing certain weapons prohibited.
Section 166.715 - Definitions for ORS 166.715 to 166.735.
Section 166.720 - Racketeering activity unlawful; penalties.
Section 166.725 - Remedies for violation of ORS 166.720; time limitation.
Section 166.730 - Authority of investigative agency; compelling compliance with subpoena.