NEW Oregon Gun Confiscation Law! - The Legal Brief!

Published on August 23, 2017
Duration: 6:53

This video from The Legal Brief by Adam Kraut, Esq. details Oregon's Senate Bill 719, a new law allowing for potential gun confiscation through Extreme Risk Protection Orders (ERPOs). The law permits police or family members to petition the court if they believe an individual poses an imminent risk, with a broad definition of 'deadly weapon' that includes firearms. Concerns are raised about due process, as initial hearings are ex parte and firearms may need to be surrendered before a full hearing can be held.

Quick Summary

Oregon's Senate Bill 719 allows for gun confiscation through Extreme Risk Protection Orders (ERPOs). Initiated by police or family, an ERPO can be granted if an individual is deemed an imminent risk, with firearms falling under the law's broad definition of 'deadly weapon'. Due process concerns arise from ex parte initial hearings and the requirement to surrender firearms before a full appeal.

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 Senate Bill 719?

Oregon's Senate Bill 719 is a law that allows police or family members to petition the court for an Extreme Risk Protection Order (ERPO) if they believe an individual poses an imminent risk to themselves or others. This can potentially lead to the confiscation of firearms.

How can an Extreme Risk Protection Order (ERPO) lead to gun confiscation in Oregon?

Under Oregon's SB 719, an ERPO can be initiated by police or family if they believe a person is an imminent risk. The law broadly defines 'deadly weapon' to include firearms, and if an order is granted, the individual must surrender all such weapons and permits.

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

Concerns exist because the initial hearing for an ERPO is ex parte, meaning the accused is not present to defend themselves. Additionally, individuals must surrender firearms within 24 hours, potentially before a full hearing to challenge the order can occur.

What is considered a 'deadly weapon' under Oregon's ERPO law?

Oregon's SB 719 defines a 'deadly weapon' as any instrument or substance capable of causing death or serious physical injury, or a firearm, regardless of whether it is loaded or unloaded.

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