Citation(s) from the literature library

State of Oregon. 2012 ‘Or. Rev. Stat. § 166.470(1)(g), etc..’ Firearms Law Database - Domestic Violence and Firearms in Oregon. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 3 January

Relevant contents

Domestic Violence and Firearms in Oregon

Oregon has no laws regarding the removal or surrender of firearms when domestic violence restraining or protective orders are issued or at the scene of a domestic violence incident, or providing notice to domestic abusers when federal law prohibits them from possessing firearms.

Firearm Prohibitions for Domestic Violence Misdemeanants

While Oregon does not explicitly prohibit the possession of a firearm by domestic violence misdemeanants, the state does prohibit any person from intentionally selling, delivering, or otherwise transferring any firearm when the transferor knows or reasonably should know that the recipient has been convicted of a "misdemeanor involving violence" or found "guilty except for insanity" of a misdemeanor involving violence within the previous four years. A "misdemeanor involving violence" includes an assault in the fourth degree (intentionally, knowingly or recklessly causing physical injury to another or, with criminal negligence, causing physical injury to another by means of a deadly weapon), strangulation, menacing, recklessly endangering another person, or intimidation in the second degree (involving, inter alia, the intentional subjection of another to offensive physical contact because of a perception of the other's race, color, religion, national origin or sexual orientation. Federal law also applies.

Firearm Prohibitions for Persons Subject to Domestic Violence Protective Orders

In suits for marital annulment, dissolution or separation, prior to a general judgment, a court must include terms in the interim protective order that trigger the federal law prohibiting the possession of firearms by domestic violence protective order defendants, if the party had notice and an opportunity to be heard, and the court is restraining the party from molesting or interfering with the other party or minor children or requiring the party to move out of the family home for the sake of minor children. A similar provision concerns protective orders against stalking…

ID: Q7043

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