Or. Admin. Code § 859-300-0040

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

Section 859-300-0040 - Background and Purpose of Gun Relief Program

(1) The federal Brady Handgun Violence Prevention Act of 1993 ("Brady Act") prohibits any person from selling or otherwise disposing of any firearm or ammunition to any person who has been involuntarily "committed to a mental institution" (18 U.S.C. Section 922 (d)(4)), or a person that has a mental health determination, and further prohibits any person who has been involuntarily "committed to a mental institution", or a person that has a mental health determination, from shipping or transporting in interstate or foreign commerce, or possessing in or affecting commerce, any firearm or ammunition; or receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce (18 U.S.C. Section 922 (g)(4)).

(2) Oregon Laws 2009, Ch. 826 (HB 2853) requires the PSRB, the Judicial Department, and Oregon Health Authority to locate and transmit the names of people that have a mental health determination to the Department of State Police for inclusion in NICS for the purpose of responding to the NICS queries regarding attempts to purchase or otherwise take possession of firearms, as defined in 18 U.S.C. 921(a)(3).

(3) Oregon Laws 2009, Ch. 826 requires the PSRB to administer a "relief from disabilities" process for persons who are disqualified from transporting, shipping, possessing, or receiving a firearm under federal and certain state laws. If relief is granted, and a petitioner was barred from transporting, shipping, possessing, or receiving a firearm under federal law, the record of relief will be transmitted to the Oregon State Police, who in turn will transmit the record of relief to the federal government for inclusion in the NICS database. If relief is granted, and a petitioner was barred from purchasing or possessing a firearm under either ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f), the record of relief will be transmitted to the Oregon State Police for inclusion and maintenance in its state databases. The purpose of these administrative rules is to establish the required administrative "relief" process for petitioners to request relief from their respective mental health firearm disqualifiers.

Or. Admin. Code § 859-300-0040

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))