Oregon’s Red Flag Law

From the Office of Oregon Attorney General Ellen Rosenblum:

Many of us are asking how we can better keep Oregonians safe and keep guns out of the hands of the wrong people. While there is still a lot of work to do, Oregon has made significant gains to strengthen our gun safety laws. This is the first one-pager on these new laws. Here we tell you about the “Extreme Risk Protection Order” or “Red Flag Law,” allowing courts to take weapons away from people who are at risk as a danger to themselves or others. It is my hope that all Oregonians know about these laws so we can get guns and other weapons away from people who shouldn’t have them.

Thank you!

– Oregon Attorney General Ellen Rosenblum

What You Need to Know

Download Oregon’s New Gun Safety Laws Handout (English | Spanish)

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