166.537 Surrender of deadly weapons pursuant to order. (1) Upon issuance of an extreme risk protection order under ORS 166.527, the court shall further order that the respondent:
(a) Within 24 hours surrender all deadly weapons in the respondent’s custody, control or possession to a law enforcement agency, a gun dealer or a third party who may lawfully possess the deadly weapons; and
(b) Within 24 hours surrender to a law enforcement agency any concealed handgun license issued to the respondent under ORS 166.291 and 166.292.
(2) Upon continuance of an extreme risk protection order after a hearing under ORS 166.530, or renewal of an extreme risk protection order under ORS 166.535, the court shall further order that the respondent:
(a) Immediately surrender all deadly weapons in the respondent’s custody, control or possession to a law enforcement agency, a gun dealer or a third party who may lawfully possess the deadly weapons; and
(b) Immediately surrender to a law enforcement agency any concealed handgun license issued to the respondent under ORS 166.291 and 166.292.
(3)(a) A law enforcement officer serving an extreme risk protection order issued under ORS 166.527 shall request that the respondent immediately surrender to the officer all deadly weapons in the respondent’s custody, control or possession and any concealed handgun license issued to the respondent under ORS 166.291 and 166.292. The law enforcement officer shall take possession of all deadly weapons appearing to be in the custody, control or possession of the respondent that are surrendered by the respondent. If the respondent indicates an intention to surrender the deadly weapons to a gun dealer or a third party, the law enforcement officer shall request that the respondent identify the gun dealer or
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 166 — Offenses Against Public Order; Firearms and Other Weapons; Racketeering
Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables
New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0120
2025 EDITION
PUBLIC ORDER OFFENSES
CRIMES AND PUNISHMENTS
RIOT, DISORDERLY CONDUCT, HARASSMENT AND RELATED OFFENSES
BIAS CRIME
AUTHORITY TO REGULATE FIREARMS
POSSESSION AND USE OF WEAPONS
(Generally)
(Possession of Weapons in Public Buildings or Court Facilities)
(Destructive Devices)
(Duties of Firearm Owners and Possessors)
SALE OR TRANSFER OF FIREARMS
EXTREME RISK PROTECTION ORDERS
DISCHARGING WEAPONS
POSSESSION OF BODY ARMOR
MISCELLANEOUS
RACKETEERING
RIOT, DISORDERLY CONDUCT, HARASSMENT AND RELATED OFFENSES
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Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:166.537 Source file: ors166.html Pages: Not recorded – Not recorded Passage SHA-256: 744426a60b5d4b5088fa3f3ecc48cb1d00cda434a5e442e761fe71e4c2fcc62a Retained source evidence SHA-256: dd35e0da63555ebef88cc11cd6ae4309a37c3b744978829c3b2f00d59c0c08b8
Source location: ORS 166.537 (all printed versions and notes)
Stored source content
166.537 Surrender of deadly weapons pursuant to order. (1) Upon issuance of an extreme risk protection order under ORS 166.527, the court shall further order that the respondent:
(a) Within 24 hours surrender all deadly weapons in the respondent’s custody, control or possession to a law enforcement agency, a gun dealer or a third party who may lawfully possess the deadly weapons; and
(b) Within 24 hours surrender to a law enforcement agency any concealed handgun license issued to the respondent under ORS 166.291 and 166.292.
(2) Upon continuance of an extreme risk protection order after a hearing under ORS 166.530, or renewal of an extreme risk protection order under ORS 166.535, the court shall further order that the respondent:
(a) Immediately surrender all deadly weapons in the respondent’s custody, control or possession to a law enforcement agency, a gun dealer or a third party who may lawfully possess the deadly weapons; and
(b) Immediately surrender to a law enforcement agency any concealed handgun license issued to the respondent under ORS 166.291 and 166.292.
(3)(a) A law enforcement officer serving an extreme risk protection order issued under ORS 166.527 shall request that the respondent immediately surrender to the officer all deadly weapons in the respondent’s custody, control or possession and any concealed handgun license issued to the respondent under ORS 166.291 and 166.292. The law enforcement officer shall take possession of all deadly weapons appearing to be in the custody, control or possession of the respondent that are surrendered by the respondent. If the respondent indicates an intention to surrender the deadly weapons to a gun dealer or a third party, the law enforcement officer shall request that the respondent identify the gun dealer or third party.
(b) A law enforcement officer serving an extreme risk protection order continued after a hearing under ORS 166.530, or renewed under ORS 166.535, shall request that the respondent immediately surrender to the officer all deadly weapons in the respondent’s custody, control or possession and any concealed handgun license issued to the respondent under ORS 166.291 and 166.292. The officer may conduct any search permitted by law for deadly weapons in the custody, control or possession of the respondent and shall take possession of all deadly weapons appearing to be in the custody, control or possession of the respondent that are surrendered, in plain sight or discovered pursuant to a lawful search.
(4) At the time of the surrender of any deadly weapons or concealed handgun licenses under subsection (3) of this section, the law enforcement officer taking possession shall issue a receipt identifying all surrendered items and provide a copy of the receipt to the respondent. Within 72 hours after service of the order, the law enforcement officer serving the order shall file the original receipt with the court and shall ensure that the law enforcement agency employing the law enforcement officer retains a copy of the receipt.
(5) If a third party claims lawful ownership or right of possession of a deadly weapon surrendered pursuant to this section, the law enforcement agency may return the deadly weapon to the third party if the third party provides proof of lawful ownership or right of possession of the deadly weapon, in a sworn affidavit, affirms that:
(a) The third party may lawfully possess the deadly weapon;
(b) The third party did not consent to the prior possession of the deadly weapon by the respondent; and
(c) The third party will prevent the respondent from accessing or possessing the deadly weapon in the future. [2017 c.737 §6]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
166.291 Issuance of concealed handgun license; application; fees; liability. (1) The sheriff of a county, upon a person’s application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident noncitizen who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;
(b) Is at least 21 years of age;
(c) Is a resident of the county;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the following:
(A) Completion of any hunter education or hunter safety course approved by the State Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course;
(B) Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;
(C) Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigato
166.527 Petition for ex parte order; issuance and service of order; request for hearing. (1) A law enforcement officer or a family or household member of a person may file a petition requesting that the court issue an extreme risk protection order enjoining the person from having in the person’s custody or control, owning, purchasing, possessing or receiving, or attempting to purchase or receive, a deadly weapon.
(2) An extreme risk protection order petition shall be heard by the court and issued or denied on the same day the petition is submitted to the court or on the judicial business day immediately following the day the petition is filed.
(3) The petition for an extreme risk protection order must be supported by a written affidavit signed by the petitioner under oath, or an oral statement taken under oath by the petitioner or any other witness the petitioner may produce.
(4) In determining whether to issue an extreme risk protection order, the court shall consider the following:
(a) A history of suicide threats or attempts or acts of violence by the respondent directed against another person;
(b) A history of use, attempted use or threatened use of physical force by the respondent against another person;
(c) A previous conviction for:
(A) A misdemeanor involving violence as defined in ORS 166.470;
(B) A stalking offense under ORS 163.732 or 163.750, or a similar offense in another jurisdiction;
(C) An offense constituting domestic violence as defined in ORS 135.230;
(D) Driving under the influence of intoxicants under ORS 813.010 or 813.011; or
(E) An offense involving cruelty or abuse of animals;
(d) Evidence of recent unlawful use of controlled substances;
(e) Previous unlawful and reckless use, display or brandishing of a deadly weapon by the respon
166.530 Hearing on order; continuation or termination of order. (1) At a hearing on an extreme risk protection order requested by the respondent under ORS 166.527 (9), the court may:
(a) Examine under oath the petitioner, the respondent and any witness either party may produce, including a mental health professional selected by the respondent, or, in lieu of examination, consider sworn affidavits of the petitioner, the respondent or a witness of either party; and
(b) Ensure that a reasonable search has been conducted for criminal history records related to the respondent.
(2)(a) The Oregon Evidence Code shall apply in a hearing under this section.
(b) The court may continue a hearing under this section upon a showing of good cause. If the court continues a hearing under this paragraph, the extreme risk protection order shall remain in effect until the next hearing date.
(3)(a) At the hearing, the court shall determine:
(A) Whether to terminate the extreme risk protection order or continue the order for a duration of one year; and
(B) Whether any deadly weapons surrendered to a law enforcement agency pursuant to ORS 166.537 shall be returned to the respondent or retained by the law enforcement agency.
(b) The petitioner has the burden of proving, by clear and convincing evidence, that the respondent presents a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person.
(c) If the court finds that the petitioner has met the burden of proof, the court shall:
(A) Order that the extreme risk protection order continue for the duration of one year from the date the original order was issued.
(B) Order that any deadly weapons surrendered to a law enforcement agency pursuant to ORS 166.537 remain in the custody of t
166.535 Renewal of order. (1) A law enforcement officer or a family or household member of a respondent, including but not limited to the law enforcement officer or family or household member who petitioned the court for the original extreme risk protection order issued under ORS 166.527, may request a renewal of the order within 90 days before the expiration date of the order by filing a written request with the court.
(2) Upon receipt of the request for renewal described in subsection (1) of this section, the court shall schedule a hearing and provide notice of the hearing to both parties at least 14 days before the hearing.
(3) At a hearing to determine whether to renew an extreme risk protection order under this section, the court may:
(a) Examine under oath the petitioner, the respondent and any witness either party may produce or, in lieu of examination, consider sworn affidavits of the petitioner, the respondent or a witness of either party; and
(b) Ensure that a reasonable search has been conducted for criminal history records related to the respondent.
(4) The person requesting the renewal of the extreme risk protection order has the burden of proving, by clear and convincing evidence, that the respondent continues to present a risk in the near future, including an imminent risk, of suicide or of causing physical injury to another person.
(5)(a) The Oregon Evidence Code shall apply in a hearing under this section.
(b) The court may continue a hearing under this section upon a showing of good cause. If the court continues a hearing under this paragraph, the original extreme risk protection order shall remain in effect until the next hearing date.
(c) The petitioner may appear in person or by electronic video transmission.
(6)(a) If the court finds that
166.540 Return of surrendered deadly weapons. (1) If an extreme risk protection order is terminated or expires without renewal, a law enforcement agency holding any deadly weapon or concealed handgun license that has been surrendered pursuant to the order shall return the surrendered items as requested by the respondent of the order only after:
(a) Confirming through a criminal background check, if the deadly weapon is a firearm, that the respondent is legally eligible to own or possess firearms under state and federal law; and
(b) Confirming that the extreme risk protection order is no longer in effect.
(2) The owner of a deadly weapon, if the deadly weapon is a firearm, in the custody of a law enforcement agency pursuant to ORS 166.537 who does not wish to have the firearm returned is entitled to sell or transfer title of any firearm to a licensed gun dealer as defined in ORS 166.412, provided that the firearm is lawful to own or possess and the person has a legal right to transfer title of the firearm.
(3) A deadly weapon surrendered by a person pursuant to ORS 166.537 that remains unclaimed by the owner shall be disposed of in accordance with the law enforcement agency’s policies and procedures for the disposal of deadly weapons in the agency’s custody. [2017 c.737 §7]