Oregon Civil Commitment Restoration
The lawyers at Oregon Gun Law have assisted almost every Oregonian who has had their firearm rights restored through the Psychiatric Security Review Board. We have worked with the creators of the PSRB - Gun Relief Program and worked hand in hand with the State and Federal Government. You have come to the right place if your prohibition stems from a Mental Health Commitment, or Mental Health Hold in Oregon.
The Gun Relief Program was established as a direct result of the investigation arising from the Virginia Tech tragedy. It revealed that a majority of states, including Oregon, were not sending the names of people barred from purchasing a firearm to the federal NICS database. All federally licensed firearm dealers and law enforcement agencies use NICS to conduct background checks when individuals apply to purchase firearms.
As a result, the 2009 Oregon Legislature enacted ORS 166.273, which in part directed the Oregon State Police to submit the names of firearm disqualified individuals to the NICS database. ORS 166.273 also directed the Psychiatric Security Review Board to conduct relief hearings, given the mental health expertise of its Board members.
The rules and processes promulgated by the Oregon Legislature for the PSRB are located here.
If you have a previous Mental Health Commitment in the State of Oregon there is only one route to restore your Second Amendment Rights. It will be necessary to obtain the entirety of your records and mental health documentation. Our lawyers will assist you in retrieving;
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Copies your Federal Criminal History
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Copies of all police reports or custody reports
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Copies of civil commitment paperwork from the Court
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Copies of all medical charts, notes, and records from any Peace Officer Hold or Civil Commitment
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Treatment records from any and all mental health professionals
After you have obtained all the records, the next step will be to complete an independent forensic mental health assessment. There are several mental health professionals that can assist with this process, the independent assessment must include the evaluator’s opinion—and its basis—of petitioner’s interpersonal violence and risk of self-harm. This is the single most important component to provide to the PSRB Board.
Once we have obtained all the necessary records, and the independent forensic mental health assessment, we will prepare and submit the packet to the PSRB. Once submitted there will be a hearing with three mental health professionals to determine if you with our assistance can prove, by clear and convincing evidence, that you have been rehabilitated and no longer pose a threat to the safety of the public or yourself.
We will prepare you for direct and cross examination by the Board. Identify and prepare friends and family to testify on your behalf and ensure that the Board can fully understand how much your life has changed.
Once you are successful the Order Granting Relief from the PSRB Board will be provided to the Bureau of Alcohol Tobacco & Firearms and you will have your rights restored! Once restored you will be able to purchase and possess firearms, obtain an Oregon Concealed Handgun License and lawfully exercise your Second Amendment Rights.
If your prohibition against purchasing or possessing firearms comes from a Mental Health Prohibition call our office immediately and discuss your options and the process.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
