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Oregon Bulletin

August 1, 2011

 

Psychiatric Security Review Board
Chapter 859

Rule Caption: Establishes Exception for Petition Requirements for Persons who Previously received Judicial Relief for their Civil Commitment Firearm Bar.

Adm. Order No.: PSRB 2-2011(Temp)

Filed with Sec. of State: 7-5-2011

Certified to be Effective: 7-5-11 thru 12-27-11

Notice Publication Date:

Rules Amended: 859-300-0050

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 has having authority to restore a person’s federal firearm privilege. The purpose of this administrative rules if 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 ORS 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. However, 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

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, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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