(a) Examine under oath the petitioner, the respondent and any witness either party may produce, including a mental health professional selected by the respondent, or, in lieu of examination, consider sworn affidavits of the petitioner, the respondent or a witness of either party; and
(b) Ensure that a reasonable search has been conducted for criminal history records related to the respondent.
(2)(a) The Oregon Evidence Code shall apply in a hearing under this section.
(b) The court may continue a hearing under this section upon a showing of good cause. If the court continues a hearing under this paragraph, the extreme risk protection order shall remain in effect until the next hearing date.
(3)(a) At the hearing, the court shall determine:
(A) Whether to terminate the extreme risk protection order or continue the order for a duration of one year; and
(B) Whether any deadly weapons surrendered to a law enforcement agency pursuant to ORS 166.537 shall be returned to the respondent or retained by the law enforcement agency.
(b) The petitioner has the burden of proving, by clear and convincing evidence, that the respondent presents a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person.
(c) If the court finds that the petitioner has met the burden of proof, the court shall:
(A) Order that the extreme risk protection order continue for the duration of one year from the date the original order was issued.
(B) Order that any deadly weapons surrendered to a law enforcement agency pursuant to ORS 166.537 remain in the custody of the law enforcement agency while the order is in effect.
(d) The court may not include in findings made under this subsection any mental health diagnosis or any connection between the risk presented by the respondent and mental illness.
(4) An extreme risk protection order continued under this section must include:
(a) A statement of the evidence and the court’s findings supporting issuance of the order;
(b) The date and time the order was issued;
(c) The date and time of the expiration of the order;
(d) A description of the requirements for surrender of deadly weapons in the respondent’s possession under ORS 166.537; and
(e) A statement in substantially the following form:
______________________________________________________________________________
To the subject of this protection order: This order is valid until the date and time noted above. If you have not done so already, you are required to surrender all deadly weapons in your custody. You must immediately surrender all deadly weapons in your custody, control or possession to (insert name of local law enforcement agency), a gun dealer or a third party who may lawfully possess the deadly weapons. You must immediately surrender to (insert name of local law enforcement agency) any concealed handgun license issued to you. You may not have in your custody or control, purchase, possess, receive, or attempt to purchase or receive, a deadly weapon while this order is in effect. You have the right to request one hearing to terminate this order during the 12 months that this order is in effect starting from the date of this order. You may seek the advice of an attorney as to any matter connected with this order.
______________________________________________________________________________
(5) When the court continues an extreme risk protection order under this section, the court shall inform the respondent that the respondent is entitled to request termination of the order in the manner described in ORS 166.533. The court shall provide the respondent with a form with which to request a termination hearing.
(6) The respondent need not be served if an order of the court indicates that the respondent appeared in person before the court.
(7) If the court terminates an extreme risk protection order after a hearing under this section:
(a) The court shall state with particularity the reasons for the termination on the record.
(b) The clerk of the court shall immediately deliver a copy of the termination order to the county sheriff with whom the original order was filed. Upon receipt of the termination order, the county sheriff shall promptly remove the original order from the Law Enforcement Data System and shall request that the order be removed from the databases of the National Crime Information Center of the United States Department of Justice. [2017 c.737 §3]
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.