§ 15.15 Gun Relief Program

LibraryCriminal Law in Oregon (OSBar) (2022 Ed.)

§ 15.15 GUN RELIEF PROGRAM

The Brady Handgun Violence Protection Act (see 18 USC §§ 921-922), enacted in 1993, generally prohibits the sale, possession, transportation, or receipt of firearms involving a person with a mental-health adjudication. 18 USC § 922(d)(4). To ensure compliance with this federal mandate, ORS 181A.290 requires the DHS, the OHA, the PSRB, and the Judicial Department to provide the Department of State Police with the name of any person who has been

(1) "committed by a court to the Oregon Health Authority under ORS 426.130, based on a finding that the person is dangerous to self or others";

(2) adjudicated to be mentally ill and is "subject to a court order under ORS 426.130 or [ORS] 426.133 prohibiting the person from purchasing or possessing a firearm";

(3) "committed by a court to the Department of Human Services under ORS 427.290, based on a finding that the person is dangerous to self or others":

(4) "found by a court to lack fitness to proceed [in a criminal matter] under ORS 161.370";

(5) "found guilty except for insanity of a crime under ORS 161.290 to 161.373";

(6) "found responsible except for insanity for an act under ORS 419C.411"; or

(7) "placed under the jurisdiction of the Psychiatric Security Review Board under ORS 161.315 to 161.351"; or

(8) "committed...

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