Oregon Red Flag Law: How to Fight an Extreme Risk Protection Order

By Michael G. Romano, Managing Attorney

If you’ve been served with an extreme risk protection order (ERPO) in Oregon, you have 24 hours to give up every gun you own and your concealed handgun license. You have 30 days to ask for a hearing. A judge signed the order after hearing only one side, and you had no notice the petition had been filed. The hearing is your chance to be heard. If you let the 30 days pass, the order becomes final for a full year.

Handgun on a kitchen table beside a coffee mug, representing a lawfully owned firearm at home under Oregon's red flag law

What Is an Extreme Risk Protection Order?

An extreme risk protection order is a civil court order that bars you from possessing, buying, or receiving deadly weapons. Oregon’s “red flag law” took effect in 2018 and is found at ORS 166.525 through ORS 166.543. “Deadly weapon” covers every firearm, loaded or not, and any other weapon designed to cause death or serious injury.

The petition is decided ex parte, meaning without you there. Under ORS 166.527, the judge must hear the petition and rule on the same day it is filed or the next court day. The petitioner supports it with a sworn statement. The judge issues the order after finding, by clear and convincing evidence, that you present a risk in the near future of suicide or of causing physical injury to another person. The order takes effect when you are served and lasts one year.

An ERPO is not a mental health proceeding. Oregon already has an emergency civil commitment process for people who are a danger to themselves or others (ORS 426.232), with a doctor’s evaluation and a hearing. The ERPO statute requires neither. The judge is actually forbidden to include any mental health diagnosis in the findings. The order rests on the petitioner’s prediction of what you might do.

Who Can File a Red Flag Order Against You?

Only two kinds of people can petition: a law enforcement officer, or a family or household member. The statute defines a family or household member as your spouse, intimate partner, parent, child, or sibling, or anyone living in your household. Filing is free. The petitioner pays no filing, service, or hearing fee.

Law enforcement files most Oregon petitions. A study by the OHSU-PSU School of Public Health of court records from 2018 through 2022 found that officers filed about 60 percent of petitions, and judges granted 78 percent of all petitions at the first, one-sided stage. Petitions from family members come up often during these situations:

A spouse files during a separation or divorce.
A child’s other parent files ahead of a custody or parenting time dispute.
A relative files after a heated family argument.
An officer files after a welfare check or a call to your home.

Filing a petition to harass you, or knowing that the information in it is false, is a Class A misdemeanor under ORS 166.543. That doesn’t stop a false petition from being granted. It does give you something to raise at the hearing, and possibly afterward.

What the Judge Looks At

ORS 166.527 lists the evidence the court must consider. The petitioner will build the case around these factors, so your defense has to answer them:

Any history of suicide threats or attempts, or acts of violence against another person.
Any history of using, attempting, or threatening physical force against another person.
Prior convictions for violent misdemeanors, stalking, domestic violence, DUII, or animal cruelty.
Evidence of recent unlawful use of controlled substances.
Previous unlawful and reckless use, display, or brandishing of a deadly weapon.
Violations of restraining orders or stalking orders.
Buying or trying to buy a deadly weapon within the previous 180 days.
Any other information the court finds reliable, including statements you made.

Notice the last two. A recent, lawful purchase can be listed as a risk factor, and anything you say to the officer who serves you can end up in front of the judge.

You’ve Been Served: What to Do in the First 24 Hours

Under ORS 166.537, you must surrender all of your deadly weapons within 24 hours of service to a law enforcement agency, a gun dealer, or a third party who can lawfully possess them. You must also surrender your concealed handgun license to a law enforcement agency. The officer serving the order will usually ask you to hand everything over on the spot and will give you a receipt.

Comply. Keeping a weapon after the order is confirmed is a Class A misdemeanor, and a conviction adds a five-year firearms ban that starts only after the order ends or the judgment is entered, whichever is later.
Choose where your guns go. A dealer or a trusted third party can be a better option than police storage, but the third party must be legally allowed to possess firearms and the transfer has to be done correctly. Get advice before you hand over a collection.
Don’t explain yourself. Be polite to the officer, but don’t discuss the allegations. Your statements count as evidence under the statute, and an ERPO often runs alongside a criminal investigation.
Don’t contact the petitioner about the order, especially during a divorce or custody case. It will be described as proof of the risk they claimed.
Call a lawyer right away. The deadline to request a hearing starts running the day you are served.

How to Fight an ERPO at the Contested Hearing

You have 30 days after service to request a hearing, using the hearing request form served with the order (also available from the Oregon Judicial Department). The court must hold the hearing within 21 days of your request. This is where the case is won or lost, and the rules are very different from the one-sided hearing that produced the order.

The burden stays on the petitioner. Under ORS 166.530, the petitioner must again prove by clear and convincing evidence that you present a risk in the near future. You don’t have to prove you’re safe.
The Oregon Evidence Code applies. Hearsay, speculation, and secondhand accusations that got the order signed can be challenged and excluded.
You can cross-examine and present evidence. That includes witnesses who know you, records, and a mental health professional you choose.
The judge decides your guns, too. If the order is terminated, the court also rules on returning your surrendered weapons.

Most people never ask for a hearing. A 2023 Oregon Secretary of State audit found that only about one in three respondents requested one, and that only about half of the challenged orders were upheld. Skipping the hearing is costly. The order is confirmed automatically for a year, and if you later ask to end it early under ORS 166.533, the burden flips: you must prove by clear and convincing evidence that you are no longer a risk, and you get one request per year.

Renewal and Getting Your Guns Back

An ERPO doesn’t have to end after a year. Under ORS 166.535, the petitioner can ask to renew it within the last 90 days before it expires. You get at least 14 days’ notice of the renewal hearing, and the petitioner must again prove by clear and convincing evidence that you still present a risk. You fight a renewal the same way you fight the original order.

When the order ends, ORS 166.540 requires law enforcement to return your weapons and concealed handgun license on request, after a background check confirms you can legally possess firearms. You can also sell the firearms to a licensed dealer instead. Guns nobody claims are disposed of under the agency’s policies, so don’t leave them sitting. While the order is in effect, it is entered in state and national law enforcement databases, so any background check for a gun purchase will flag it.

Frequently Asked Questions

How long does an extreme risk protection order last in Oregon?

One year from the date it was issued, unless the court terminates it sooner. The petitioner can ask to renew it within the last 90 days before it expires, and must prove by clear and convincing evidence that you still present a risk.

How long do I have to request a hearing on an ERPO?

You have 30 days after you are served. The court must hold the hearing within 21 days of your request. If you don’t request a hearing, the order is confirmed automatically for one year.

Who can file an extreme risk protection order in Oregon?

A law enforcement officer, or a family or household member: your spouse, intimate partner, parent, child, sibling, or anyone living in your household. The petitioner pays no filing fee.

Do I have to give up my guns before the hearing?

Yes. Within 24 hours of service, you must surrender all deadly weapons to a law enforcement agency, a gun dealer, or a third party who can lawfully possess them, and surrender your concealed handgun license to a law enforcement agency.

What happens if I violate an ERPO?

Knowingly possessing a deadly weapon while subject to a confirmed, continued, or renewed order is a Class A misdemeanor. A conviction also bars you from possessing firearms for five years, starting when the order ends or the judgment is entered, whichever is later.

Is it a crime to file a false red flag order?

Yes. Filing an ERPO petition with the intent to harass the respondent, or knowing the information in it is false, is a Class A misdemeanor under ORS 166.543.

Talk to an Oregon ERPO Defense Attorney

Oregon gun rights attorney Michael Romano firing a Smith & Wesson 460XVR revolver at a shooting range — Michael G. Romano firing a Smith & Wesson 460XVR revolver at a shooting range.

An ERPO hearing moves fast, and there are no second chances. You have days, not months, to gather witnesses, records, and expert support. Romano Law handles both criminal defense and family law, which matters when a red flag petition comes out of a divorce, a custody fight, or a pending criminal investigation. Michael Romano has over 25 years of Oregon trial experience, began his career as a prosecutor, and is an avid shooter and collector who knows what it means to have a lifetime collection taken on one person’s word. Call 503-208-5529 or contact our office as soon as you are served. If an ERPO violation has already cost you your rights, see how to restore firearm rights in Oregon, and our Oregon gun rights section covers the rest.

Last updated: September 27, 2026 | Reviewed by Michael G. Romano, Managing Attorney. This page provides general information about Oregon law, not legal advice for your specific situation.