Oregon Law
DOMESTIC VIOLENCE FIREARM PROHIBITIONS
Oregon Domestic Violence Firearm Purchase and Possession Prohibitions
Oregon prohibits persons convicted of a “qualifying misdemeanor” from possessing a firearm or ammunition if, at the time of the offense, the person (offender) was:
- A family or household member of the victim of the offense; or
- A parent or guardian of the victim of the offense.1
“Qualifying misdemeanor” is defined as “a misdemeanor that has, as an element of the offense, the use or attempted use of physical force or threatened use of a deadly weapon.”2
Oregon also prohibits persons convicted of stalking from possessing a firearm or ammunition.3
Oregon prohibits possession of a firearm or ammunition by persons subject to a court order that (1) was issued or continued after a hearing for which the person had actual notice and an opportunity to be heard; (2) “[r]estrains the person from stalking, intimidating, molesting or menacing a family or household member of the person, a child of a family or household member of the person or a child of the person;” and (3) “[i]ncludes a finding that the person represents a credible threat to the physical safety of a family or household member of the person, a child of a family or household member of the person or a child of the person.”4
“Family or household member” is defined to include any of the following:
- Spouses;
- Former Spouses;
- Adult persons related by blood or marriage;
- Persons cohabiting with each other;
- Persons who have cohabited with each other or who have been in a sexually intimate relationship;
- Unmarried parents of a minor child.5
OREGON FAMILY ABUSE PREVENTION ACT RESTRAINING ORDER FIREARM REMOVAL
Civil Family Abuse Prevention Act Restraining Orders that Require Removal
Oregon does not require removal of firearms and ammunition from persons subject to Family Abuse Prevention Act (“FAPA”) restraining orders; however, a court issuing an ex parte order shall, if requested by the petitioner, order “[o]ther relief that the court considers necessary to . . . [p]rovide for the safety and welfare of the petitioner and the children in the custody of the petitioner[.]”6
Individuals Who May Petition for a Restraining Order
Any person who has been the victim of abuse within the preceding 180 days may petition for a FAPA restraining order.7 “Abuse” is defined as “the occurrence of one or more of the following acts between family or household members:
- Attempting to cause or intentionally, knowingly or recklessly causing bodily injury[;]
- Intentionally, knowingly or recklessly placing another in fear of imminent bodily injury[;]
- Causing another to engage in involuntary sexual relations by force or threat of force.”8
“Family or household member” is defined as any of the following persons:
- Spouses;
- Former spouses;
- Adult persons related by blood, marriage or adoption;
- Persons who are cohabiting or who have cohabited with each other;
- Persons who have been involved in a sexually intimate relationship with each other within two years immediately preceding the filing of a petition; or
- Unmarried parents of a child.9
Penalties for Violation
A peace officer shall, without a warrant, arrest and take into custody a person if:
- The person is subject to a FAPA restraining order;
- A true copy of the order and proof of service on the person has been filed as required by law; and
- The peace officer has probable cause to believe that the person has violated the terms of the order.10
The respondent can be charged with contempt of court.11
