Or. Admin. Code § 859-300-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 859-300-0030 - Definitions

(1) "Dangerous". A person is dangerous if the person is a threat to himself or others or is likely to inflict harm to self or others.

(2) "Gun Relief Panel" or "Panel". A three member panel from either the Adult or Juvenile Panel who hears and considers petitions for relief from either a federal ban on transporting, shipping, possessing, or receiving a firearm that occurs as a result of a mental health determination, or a state ban on possessing or purchasing a firearm under ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f).

(3) "Mental Health Determination". Any of the following adjudicated mental health findings by a State of Oregon Court:

(a) A finding by a court that a person lacks fitness to proceed under ORS 161.370;

(b) A finding that a person is guilty except for insanity of a crime under ORS 161.295 or responsible except for insanity of an act under ORS 419C.411 or any determination by the Psychiatric Security Review Board thereafter; or

(c) A commitment by a court to the Oregon Health Authority or Department of Human Services, or an adjudication by a court that a person is mentally ill or mentally retarded, under ORS 426.130 or ORS 427.290.

(4) "NICS". The National Instant Criminal Background Check System maintained by the Federal Bureau of Investigations (FBI) pursuant to the Brady Handgun Violence Prevention Act of 1993 (Pub. L. 103-159, 107 Stat. 1536).

(5) "PSRB" or "Board". The Oregon Psychiatric Security Review Board, including the members of both the Adult and Juvenile Panels.

(6) "Party". Includes the Department of Human Services/Oregon Health Authority, petitioner and district attorney from the county where the mental health determination was adjudicated.

(7) "Petitioner". Any person who petitions for relief from either a federal prohibition from transporting, shipping, possessing, or receiving a firearm due to a mental health determination or a state prohibition on purchasing or possessing a firearm under ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f).

(8) "Public Interest". The interest in protecting society from harm and an individual from self-harm. "Public interest" also includes reducing the impact of crime on victims' lives. "Public interest" does not include generalized fear of crime and fear of people with mental illness.

(9) "Relief Hearing". A hearing for petitioners who request relief under Oregon Laws 2009, Chapter 826 from a federal ban on transporting, shipping, possessing, or receiving a firearm that occurs as a result of a mental health determination, or a state ban on possessing or purchasing a firearm under ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f).

(10) "Victim". The person or persons who have suffered financial, social, psychological or physical harm as a result of a crime and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the petitioner be considered a victim.

Or. Admin. Code § 859-300-0030

PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)

Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))