NEW Oregon Gun Confiscation Law! - The Legal Brief!

Published on August 23, 2017
Duration: 6:53

This video from The Legal Brief, hosted by Adam Kraut, Esq., details Oregon's new Senate Bill 719, which allows for the confiscation of firearms through Extreme Risk Protection Orders (ERPOs). The law permits police or household members to petition the court if they believe an individual poses an imminent risk, with specific factors considered and a definition of 'deadly weapon' provided. The segment raises concerns about due process due to the ex parte nature of initial hearings and the immediate surrender requirement.

Quick Summary

Oregon's Senate Bill 719 allows for firearm confiscation via Extreme Risk Protection Orders (ERPOs). Police or family can petition the court if an individual is deemed an imminent risk. The law considers seven factors and defines 'deadly weapon' broadly, but raises due process concerns due to ex parte hearings and immediate surrender requirements.

Chapters

  1. 00:00Introduction to The Legal Brief
  2. 00:17Rand CLP Product Advertisement
  3. 00:44NRA Board of Directors Election
  4. 01:14Oregon Gun Confiscation Law Overview
  5. 02:13Seven Factors for Extreme Risk Orders
  6. 02:58Definition of Deadly Weapon
  7. 03:13Implications of Deadly Weapon Definition
  8. 03:30Evidence Standard and Due Process Concerns
  9. 03:59Surrender and Appeal Process
  10. 04:42Order Confirmation and Renewal
  11. 05:42Termination of Order and Background Check
  12. 06:11Call to Action and Channel Promotion

Frequently Asked Questions

What is Oregon's new gun confiscation law?

Oregon's Senate Bill 719 allows for the confiscation of firearms through Extreme Risk Protection Orders (ERPOs). Police or family members can petition the court if they believe an individual poses an imminent risk, potentially leading to the surrender of firearms.

What factors does Oregon's ERPO law consider?

Oregon's ERPO law considers seven factors, including history of suicide threats or violence, use of force, previous convictions, recent drug use, violation of restraining orders, acquisition of a deadly weapon, and other reliable evidence deemed by the court.

What are the due process concerns with Oregon's ERPO law?

Concerns include the initial ex parte hearing where the accused is not present, the immediate surrender of firearms before a hearing, and the potential for orders to be renewed, raising questions about the right to a fair hearing and timely return of property.

How is a 'deadly weapon' defined under Oregon's ERPO law?

Under Oregon's ERPO law, a 'deadly weapon' is defined as any instrument or substance capable of causing death or serious injury, or a firearm, regardless of whether it is loaded or unloaded.

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