Does Oregon Have a Red Flag Law?
Woody's answers are based on published federal and state law. Not legal advice. Consult a licensed attorney for your specific situation.
Yes, Oregon has an extreme risk protection order (ERPO) law, commonly called a red flag law. It allows family members, household members, and law enforcement to petition courts for temporary firearm removal from individuals deemed dangerous.
What This Means for You
Oregon's red flag law means your firearms can be temporarily seized if certain people petition a court claiming you pose a risk. The process can happen quickly, sometimes without you being present at the initial hearing. This affects anyone who owns firearms in Oregon, regardless of whether you're building or buying them.
The Detail
Oregon's extreme risk protection order statute allows specific categories of people to request a court order for temporary removal of firearms from someone they believe poses a danger to themselves or others. Family members, household members, and law enforcement officers can file these petitions. The law includes both ex parte orders that can be granted without the gun owner present and longer-term orders that require a full hearing.
The process typically starts with an emergency order that can last up to three weeks, followed by a hearing where you can contest the petition. If the court finds by clear and convincing evidence that you pose a risk, they can issue a longer-term order lasting up to one year. During this time, you must surrender all firearms and are prohibited from purchasing new ones. The orders can be renewed if petitioners demonstrate continued risk.
Violating an ERPO by possessing firearms or ammunition while the order is active constitutes a criminal offense. The law includes provisions for the return of firearms once orders expire or are terminated by the court. You have the right to request termination of the order once per year and must be provided with information about this process when the order is served.
The specific procedures, timelines, and legal standards can be complex and have been subject to court interpretations since the law's implementation. You should consult Oregon's official legal resources or an attorney familiar with firearms law for current procedural details and requirements.
Build Impact
If you're building firearms in Oregon, an ERPO would require you to surrender completed builds along with any other firearms you own. You'd also be prohibited from completing any ongoing builds or acquiring components that constitute firearms under the law until the order expires.