Oregon Administrative Rules
Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD
Division 300 - GUN RELIEF PROGRAM
Section 859-300-0050 - Petition for Relief
Current through Register Vol. 63, No. 3, March 1, 2024
(1) An individual who is barred from transporting, shipping, possessing, or receiving a firearm under federal law due to a State of Oregon mental health determination may petition for relief of the firearm bar to the PSRB for the limited purpose of having his or her federal gun rights restored as it pertains only to the mental health determination firearm disqualification.
(2) An individual who is barred from possessing or purchasing a firearm under ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f), may petition for relief of the firearm bar to the PSRB for the purpose of having his or her state gun rights restored as it pertains only to the firearm disqualification as a result of either a commitment to the Oregon Health Authority or the Department of Human Services under ORS 426.130 or 427.290, or an order of a court under 426.130 after a finding of mental illness that the petitioner is prohibited from purchasing or possessing a firearm as a result of petitioner's mental illness.
(3) A petition for relief shall be made on forms developed by the PSRB, which shall be available on the PSRB's public website, e-mail, or through U.S. Mail. The petition for relief shall be submitted in its entirety before a hearing will be scheduled. In addition to the forms provided, the petitioner shall submit:
(4) In addition to the required forms and documents in subsection (3), the petitioner may submit additional information in support of the petition for relief including, but not limited to:
(5) In addition to submitting a petition and required documents to the PSRB, petitioner shall serve a copy of the petition and required documents on the Department of Human Services/Oregon Health Authority and the district attorney in the county in which the court made the mental health determination.
(6) The petitioner shall ensure that all required information accompanies the petition for relief at the time it is submitted to the PSRB and served on the Department of Human Services/Oregon Health Authority and the district attorney in the county in which the court made the mental health determination.
(7) Failure to provide truthful information in the petition and application materials shall result in denial of the petition.
Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))