Multnomah County District Attorney Rod Underhill has joined efforts with local law enforcement and other agency partners to help implement a new state law, SB 719, aimed at saving lives and preventing gun violence. District Attorney Underhill is grateful to have worked with Oregon Senators Ginny Burdick and Brian Boquist in drafting and later helping to pass this valuable legislation.
The law allows police officers and family or household members to obtain a court order requiring the temporary surrender of all deadly weapons, including firearms, by a person at risk in the near future of suicide or physically harming another.
The Multnomah County District Attorney’s office helped draft legislation for the Extreme Risk Protection Order law, which was modeled after similar laws in California, and Washington State.
Under the law, a court must grant a temporary order when presented with clear and convincing evidence by a petitioner. The subject of the order is then given notice and an opportunity for a hearing but must surrender all firearms in the meantime. The court may extend the firearm restriction for one year after a hearing. The order can be extended.
The District Attorney and his staff have been meeting with agency partners, including officials from law enforcement, the courts and local government, to ensure a smooth and safe process for removing firearms from those subject to the court orders.
Prosecutors will pursue charges for violations of the court orders when appropriate. A person who violates a temporary protection order is subject to contempt proceedings. If a judge grants a one-year protection order, a person who knowingly possesses a firearm in violation of the order is subject to a Class A misdemeanor crime.