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 – however, someone who is under 18 could possess a long gun temporarily for hunting or target practice with the permission of his/her parent or guardian;
- 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.1
You might also be able to apply for an Extreme Risk Protection Order if you feel that you or your children are at risk of serious immediate harm. An extreme risk protection order is an order signed by a judge that keeps a person from having or getting a gun.
Also, an application for a license to carry a concealed handgun will not be granted if the person who applied:
- is not a U.S. citizen;
- is not a legal resident alien who has been here for six months or more;
- is under 21;
- has an outstanding warrant for his/her arrest;
- is on pretrial release (while awaiting a criminal trial for a felony);
- has 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; or
- is a registered sex offender in any state.2
If the abuser already has a concealed handgun permit, that permit can be canceled (revoked) by the sheriff for any of the above reasons.3 To contact your local sheriff, you can go to our Oregon Sheriff Departments page.
For additional information on gun laws in Oregon, you can go to the Giffords Law Center website.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 Or. Rev. Stat. § 166.250(1)(c)
2 Or. Rev. Stat. § 166.291(1)
3 Or. Rev. Stat. § 166.293(3)