Oregon State Reps Push Back Against New Law Establishing 'Extreme Risk Protection Orders'

Earlier this month, Oregon Governor Kate Brown signed a bill into law establishing “Extreme Risk Protection Orders” (ERPO), under which officials can take away a resident’s firearms if that person is deemed a threat to themselves or others by a federal judge.

Now, two State Representatives, Bill Post and Mike Nearman, and a former House candidate, Teri Grier, are pushing back.

On Tuesday, the Republicans filed a referendum that would repeal the law. However, they still need over 80,000 signatures to get the referendum on the November 2018 ballot.

Rep. Post tells The Oregonian that he wants to see the law repealed, because it “calls for the forced confiscation of property by the police with no due process, no accusation of a crime let alone conviction of a crime.”

He goes on to say that, “It allows people with no mental health credentials [the gun owner’s family or roommates, or the police] to make assessments of others’ states of mind, and it allows people with no mental health credentials [judges] to punish people they have never met or spoken to.”

In order to obtain an ERPO, police or a member of a person’s family or household must first file a petition with a civil court requesting the order. A judge will then review the request and determine if the person in question is an imminent risk to themselves or others. If so, then the judge will issue the ERPO, and the gun owner will have 24 hours to surrender all of their firearms. That person will then be banned from possessing or purchasing any firearm or ammo for one year (or longer if the ERPO is extended or renewed).

There are currently three states in the the U.S. that have established Extreme Risk Protection Orders. If all goes according to Post’s plan, by 2018, that number will be back down to two.