What You Need to Know
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Oregon’s Red Flag law requires a fairly simple process. The first step is for a concerned family member, household member, or law enforcement officer to ask the court for an Extreme Risk Protection Order (ERPO)», which will remove a weapon, or a concealed handgun license, from an individual who is at risk for suicide or is a danger to others. An Order also prevents the person from buying additional guns for a one year period.
The law is nicknamed “Red Flag Law” for when a person exhibits a ‘red flag’ or other indicator that they may be a harm to themselves, or others. It is one of the few tools that family and household members have to quickly remove a weapon from somebody who is at risk.
How it works:
A family member, household member, or law enforcement officer may petition your county Circuit Court for an Order by filling out a notarized petition with facts showing that the person is a danger to themselves or to others. The court will then hold a hearing typically within 24-hours. If the judge agrees, all weapons and concealed handgun permits must be surrendered within 24-hours of issuing the Order.
Who can request:
- A law enforcement officer
- Family member
- Spouse
- Intimate partner
- Parent
- Child
- Sibling
- Any person living in the household of the person they are concerned about can request an Order from the court.
Timeline:
The court must hold a hearing typically the same day or within 24-hours. The person who requests the petition must appear in person or by video at the hearing. If the person who is at risk requests a hearing, then the court must hold an additional hearing within 21 days. If approved, the Order is usually effective for one year.
Apply for the Order here: https://courts.oregon.gov/forms/Documents/ERPOPetition.pdf »