SB 862 : Law enforcement must notify respondent when firearms are returned to petitioner

Position: Support Status: Senate Committee on Judiciary

This bill is no longer active.

Requires law enforcement agency that takes custody of firearms under firearms surrender protocol to establish procedures to notify certain individuals of law enforcement agency's anticipated return of firearm.

Chief Sponsors: Senator Gelser, Monnes Anderson
Regular Sponsors: Senator Manning Jr, Olsen, Roblan, Winters


2-27-17: Referred to Judiciary. 2-23-17: Introduction and first reading. Referred to President's desk.

Although Ceasefire Oregon supports this bill, we believe Section 3 does not necessarily provide enough time to complete a background check before returning a firearm to a petitioner. Furthermore, we recommend two weeks, not 24 hours, of notification to the respondent.

SECTION 3. (1) Before a law enforcement agency that has custody of a firearm surrendered pursuant to a firearms surrender protocol returns the firearm to a person who requested the return of the firearm, the law enforcement agency shall: (a) Confirm that the person to whom the law enforcement agency will return the firearm is the lawful owner of the firearm or a person with a possessory right to the firearm; (b) Confirm that the person is not prohibited from possessing a firearm under state and federal law; and (c) Hold the firearm for 72 hours after the law enforcement agency receives the request to return the firearm. (2) A law enforcement agency shall provide notification requested under section 2 of this 2017 Act 24 hours in advance of when the law enforcement agency will return the firearm to the respondent. (Emphasis ours.)