In Oregon, an Extreme Risk Protection Order (ERPO) is a civil order that temporarily prohibits individuals who present a risk in the near future of suicide or of causing physical injury to another person from purchasing and possessing deadly weapons (including firearms). Family or household members (including a spouse, intimate partners, mother, father, child, sibling, or any person living in the same household as the respondent) and law enforcement officers may petition for an ERPO that may be issued on an ex parte basis. If an ERPO is issued, the order will remain in place for one year unless the respondent requests a hearing to oppose the ERPO within 30 days of receipt.
When the court issues an ERPO, the subject of the order (respondent) must turn over all deadly weapons including firearms, to law enforcement, a gun dealer, or a third party for the duration of the ERPO. In addition, the respondent must give to law enforcement any concealed handgun permit within 24 hours of the court issuing the ERPO.
Oregon’s ERPO law, like other ERPO laws, includes due process protections to ensure fairness. Due process protections in Oregon’s ERPO law include ex parte ERPOs issued by judicial officers; an opportunity to request a post-deprivation hearing where the respondent participates; and the requirement of substantial and credible evidence (e.g. the enumerated factors the judicial officer must consider) to issue an ERPO.
Explore the following resources to learn more about Oregon’s ERPO law:
- Extreme Risk Protection Order Process in Oregon
- Extreme Risk Protection Order & Family Abuse Prevention Act Restraining Order: How do they differ?
- Oregon Court Resources
Background: In July 2017, Governor Kate Brown signed Senate Bill 719, creating Oregon’s Extreme Risk Protection Order law. The law went into effect on January 1, 2018. Senator Brian Boquist (R-Dallas), whose stepson, a U.S. Navy Veteran died by suicide, and Senate Majority Leader Ginny Burdick (D-Portland), a longtime gun violence prevention champion, sponsored the bill.