Oregon Bulletin
Rule
Caption: Establishes Exception for
Petition Requirements for Persons Who Previously Received Judicial Relief for
Firearm Bar.
Adm.
Order No.: PSRB 3-2011
Filed with Sec. of
State: 12-13-2011
Certified to be
Effective: 12-13-11
Notice Publication
Date: 8-1-2011
Rules Amended: 859-300-0050
Rules Repealed: 859-300-0050(T)
Subject: Oregon Laws 2009, Ch. 826 requires the PSRB to
administer a hearings process for persons who are disqualified from
transporting, shipping, possessing, or receiving a firearm under federal and
certain state laws. Prior to the passage of this legislation, persons
previously civilly committed could seek judicial relief from state court to
request that their state firearms privilege be restored. However, this judicial
relief never restored their federal firearm privileges. On August 3, 2009, the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) certified Oregon’s
PSRB Gun Relief Program as having authority to restore a person’s federal
firearm privilege. The purpose of this administrative rule is to streamline the
petition process for those individuals who have previously been granted State
relief who now seek to have their federal mental health prohibitor lifted.
Rules Coordinator: Mary Claire Buckley—(503) 229-5596
859-300-0050
Petition for Relief
(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:
(a) A certified copy of all mental health records
pertaining to the disqualifying mental health determination;
(b) A certified copy of all court records related to
the circumstances surrounding the firearms disability. If the county courthouse
is unable to locate petitioner’s records, petitioner must obtain a letter from
the courthouse records department stating that it is unable to locate the court
records related to petitioner’s mental health determination;
(c) A certified copy of petitioner’s national criminal
history, including juvenile adjudications;
(d) An independent forensic mental health assessment
performed no more than 90 calendar days prior to submission of the petition for
relief to the PSRB. This assessment may not be performed by petitioner’s
current or previous mental health provider. The assessment shall be performed
by a licensed psychiatrist or psychologist. The assessment shall include, at a
minimum, an opinion and a basis for that opinion, of petitioner’s interpersonal
violence and self-harm risk. If petitioner has previously been granted judicial
gun relief under ORS 166.274, for his or her civil commitment mental health
determination prior to August 3, 2009, this independent forensic mental health
assessment is not required as a prerequisite for scheduling a hearing. Proof of
judicial relief shall be submitted with the petition. This waiver does not bar
the Board from later ordering an assessment if deemed appropriate under OAR
859-300-0160.
(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:
(a) A certified copy of all mental health records
detailing the petitioner’s psychiatric history.
(b) A certified copy of medical records from all of the
petitioner’s current and former mental health treatment providers, including
alcohol/substance abuse providers if the petitioner is receiving or has
received such treatment. The records may also include a letter from
petitioner’s current treating mental health practitioner, if any. The letter
may contain the petitioner’s current medical health diagnosis, a list of
psychiatric medicines and dosage, if any, the petitioner is currently
prescribed, history of compliance with the medication, and any other
information the practitioner deems relevant to petitioner possessing a firearm.
(c) If petitioner is currently on probation/parole for
a criminal offense, a letter from the petitioner’s probation/parole officer
providing a history of petitioner’s compliance with terms of probation/parole
and any other relevant information he or she deems relevant to petitioner’s
risk for harm if granted a firearm.
(d) Written evidence of the petitioner’s reputation,
such as notarized letters of reference from current and past employers, family
members or personal friends or other character evidence.
(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))
Hist.: 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; PSRB 2-2011(Temp), f. & cert. ef. 7-5-11 thru 12-27-11; PSRB
3-2011, f. & cert. ef. 12-13-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.
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