If you are a hunter, target shooter, or you own and carry firearms for personal protection, you may become the victim of Oregon’s “Red Flag Law” and an Extreme Risk Protection Order.
Let’s be clear: Extreme Risk Protection Orders (ERPOs) are primarily a political tool used by anti-gunners. These laws were designed to quickly take firearms from lawful gun owners, without any advanced notice, and without due process.
Oregon already has a robust emergency mental health commitment process, and it’s been in place for decades. It allows for someone who is suicidal, homicidal, or otherwise a threat to themselves or others, to be involuntary held for up to 72-hours— and even longer following a hearing. But Oregon anti-gun politicians and judges are not interested in sincerely addressing the nexus between mental health issues and violence by firearms. They simply want a blunt tool to take guns from lawful owners without first allowing gun owners to know there’s even been an allegation made against them.
These ERPOs can be obtained quickly, tactically, and offensively by people who are anti-gun, or people who are simply seeking to harass lawful gun owners.
What is an Extreme Risk Protection Order (ERPO)?
In theory, an Extreme Risk Protection Order is a court order that prevents a person who is accused of being a risk to hurting another person or of committing suicide from possessing or obtaining deadly weapons– including firearms.
Respondents who are subject to these orders must give all of their deadly weapons– including firearms– and their concealed handgun license to a law enforcement agency, gun dealer, or someone else who can lawfully hold them within 24 hours.
Respondents are not allowed to possess weapons until the order expires or is cancelled (“terminated” or “dismissed”) by a judge. The court will tell Respondents how to surrender their weapons if the order is granted.
In practice, the orders will be subject to widespread abuse– much like traditional Restraining Orders. This is because there is no cost for someone to file an Extreme Risk Protection Order against you in Oregon, and they can be obtained without you even being able to response.
An accuser can go to court, get the order, and then have you served with it before any judge has been able to hear your side of the story. This means that you could be required to surrender your entire gun collection withing 24 hours of being served with an order. You have to surrender all your firearms before you can even have a hearing.
Who Can Accuse Me of Being A Danger?
Any family member (e.g. spouse, parent, child, or sibling), household member, or intimate partner can apply for an ERPO against you. Law enforcement officers can also apply.
The following abuses of Extreme Risk Protection Order can easily take place:
- Police officers against the private ownership or firearms can allege that anyone who’s ever been depressed or upset that they are a danger and should be prevented from possessing firearms.
- A family member can accuse you of being a danger after a family argument.
- A spouse can accuse of you of being a danger during a separation or divorce.
- A girlfriend can accuse you of being a danger during an argument.
- The mother of your child can accuse you of being a dangerous risk before a fight over child custody or parenting time.
There is no cost for someone to file an Extreme Risk Protection Order against you in Oregon. This means that you could be required to surrender your entire gun collection withing 24 hours of being served with an order. You have to surrender all your firearms before you can even have a hearing.
How Can I Contest, Challenge, or Fight
an Extreme Risk Protection Order?
You have the right to contest and challenge an Extreme Risk Protection Order in Oregon within 30 days after being served with the order. A hearing request form is available here.
However, you’re going to want the help of an experienced gun rights attorney who also focuses on criminal defense to do this right. This is not something you try to do on your own, or that you leave to just any liberal anti-gun defense attorney.
Hire and retain an attorney who’s familiar with firearms, knowledgeable about firearms laws, and dedicated to firearm rights.
Call our office for a consultation to discuss your case.
Other Firearms Related Articles On Our Site
- Michael Romano – Oregon Gun Rights Attorney
- Oregon Concealed Carry Laws
- Guns In Cars In Oregon
- Gun Registration In Oregon: What You Need To Know
- How to Fight an Extreme Risk Protection Order
- Private Party Gun Sales in Oregon
- Does Oregon Have a Gun Show Loophole?
- Restore Firearm Rights After a Conviction in Oregon
- Self-Defense in Oregon – Know Your Rights
- Use of Force In Oregon
- Oregon Castle Doctrine: Shooting Burglars or Intruders