[DV_listserv] SB 525--Information

[Domestic Violence issues]

Hello!

I've received some questions regarding our new law which prohibits certain individuals, "protective order" respondents and DV Misdemeanants, from possessing firearms. I thought I would send out some information in case others were experiencing the same confusion:

SB 525, amending ORS 166.250, became effective January 1, 2016.

ORS 166.250 now prohibits possession of a firearm by: A) a person subject to a qualifying protective order; and B) a person convicted of a qualifying misdemeanor crime of domestic violence.

Per the statute, a protective order qualifies if it meets the following criteria:

(A) Was issued or continued after a hearing for which the person had actual notice and during the course of which the person had an opportunity to be heard;
(B) Restrains the person from stalking, intimidating, molesting or menacing an intimate partner, a child of an intimate partner or a child of the person; and
(C) Includes a finding that the person represents a credible threat to the physical safety of an intimate partner, a child of an intimate partner or a child of a person.

An "intimate partner" means the person's spouse, the person's former spouse, a parent of the person's child or another person who has cohabited or is cohabiting with the person in a relationship akin to a spouse. NOTE: This definition is narrower than ORS 135.230(4), but essentially mirrors current federal law on this issue.

Which Oregon "protective orders" can potentially qualify?

*         FAPA

*         EPPDAPA

*         Stalking

*         Release Agreement/Criminal No-Contact Order-I have attached a Release Agreement addendum, created by the Oregon Judicial Department (OJD), which includes the required criteria in order for a R/A to qualify as a "protective order" under federal law.  Although not a perfect fit, it could be used for the time being, in order qualify release agreements as "protective orders" under ORS 166.250.


Per ORS 166.250, a misdemeanor crime of domestic violence qualifies if it "has, as an element of the offense, the use or attempted use of physical force or the threatened use of a deadly weapon." The statute does not specifically list which crimes qualify. It is possible that, if charged correctly, crimes which could qualify include but are not limited to: Assault in the Fourth Degree, Attempted Assault in the Fourth Degree, Strangulation, Attempted Strangulation, Menacing, and Harassment.

The changes made to ORS 166.250 essentially mirror already existing federal laws, 18 USC 922 (g)(8) and (9). Currently, the standard FAPA forms already provide notification of possible federal firearm dispossession consequences. I believe that these forms are being (or have been) updated to reflect the recent changes to state law. Regarding misdemeanor domestic violence convictions, your court, under ORS 135.385(f), should already be providing notice to the defendant of the possible consequences to him/her in terms of firearm dispossession. Here is a link to a "Firearm Notification" form available on the OJD website. http://courts.oregon.gov/OJD/docs/osca/cpsd/courtimprovement/familylaw/fnotification.pdf

While the form has not yet been updated to specifically reference the new state prohibitions, the form can work to supply sufficient notification (as well as help to make a record of a qualifying conviction for use in a future prosecution).

Finally, I have attached the DOJ DV Prosecutor newsletter from last year which has a more in-depth analysis of SB 525, the differences between federal and state law, and the answers to a few anticipated questions around the implementation and application of ORS 166.250.

If you have other questions, please let me know and I'll do my best to find the answer for you!

Thank you,

Erin


Erin S. Greenawald
Sr. Assistant Attorney General | DA/LE Assistance| Criminal Justice Division
Oregon Department of Justice
2250 McGilchrist Street SE, Suite 100, Salem OR 97302
Main: 503.378.6347 | Desk: 503.934.2024 | Fax: 503.373.1937

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