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Legal Information: Oregon

State Gun Laws

Updated: 
July 9, 2021

If the abuser’s gun is taken away, what will happen to it?

Within 24 hours after an abuser has been convicted of a qualifying crime or a qualifying restraining order has been issued against him/her, s/he has to transfer any firearms and ammunition that are in his/her possession. The judge will inform the abuser about this verbally and will include firearms restrictions in the judgment or order. The abuser can transfer the firearms to:

  • a law enforcement agency;
  • a licensed gun dealer; or
  • a third party that has completed a background check and signed a statement under the penalty of perjury that includes:
    • that s/he understands that the abuser cannot have a gun; and
    • that s/he, the third party, can be punished criminally if s/he lets the abuser have the gun.1

The agency or person that receives the firearms from the abuser will provide written proof of receipt. Within two days, the abuser then has to file certain documents, which includes proof of this receipt and the signed third party statement if the guns were transferred to a third party. 1

The abuser has to file these documents with the judge, and also with the district attorney. If s/he fails to file the documents as required, the district attorney can bring a contempt case against the abuser.1

When the restraining order prohibiting firearm possession has expired, the abuser can request for the firearms and ammunition s/he transferred to be returned to him/her. The person or agency returning the items has to perform a background check first to make sure that the abuser is not prohibited from possessing firearms for another reason. If law enforcement has the firearms and ammunition, they can hold them for 72 hours and also notify the Department of Justice about the request. Law enforcement will also confirm that the abuser is the owner of the items or has permission from the owner to possess them before turning them over to the abuser.2

1 Or. Rev. Stat. § Ch. 201, §§ 3; 4
2 Or. Rev. Stat. § Ch. 201, §5