I do not have a restraining order against the abuser and s/he has not been convicted of a crime. Can s/he have a gun?
Even if you do not have a restraining order against the abuser, and s/he has not been convicted of a crime, Oregon state laws make it illegal to have a gun in many other circumstances. It is illegal for him/her to have a gun at any time if:
- s/he is under 18;
- the judge found him/her to be a person with mental illness and committed him/her to the Oregon Health Authority; or
- a judge found him/her to be a person with mental illness and issued an order prohibiting him/her from having a firearm as a result of the mental illness.*
If the abuser does not currently have a gun, but you believe the abuser may apply for a license to carry a gun, s/he should be denied that license if s/he:
- is not a US citizen;
- is a legal resident alien here less than six months;
- is under 21;
- has an outstanding warrant for his/her arrest;
- is on pretrial release (while awaiting a criminal trial for a felony);
- participated in a court-supervised drug diversion program;
- has received a citation to appear in court for a civil stalking protective order;
- is under an order due to mental illness that prohibits him/her from possessing a firearm;
- has been dishonorably discharged from the military;
- is a registered sex offender in any state.**
Also, if the abuser already has a concealed handgun permit, that permit can be revoked by the sheriff for any of the above reasons.*** To contact your local sheriff, you can go to our OR Sheriff Departments page.
For additional information on gun laws in Oregon, you can go to the Law Center to Prevent Gun Violence website.
* O.R.S. § 166.250(1)(c)
** O.R.S. § 166.291(1)
*** O.R.S. § 166.293(3)(a),(b)