859-300-0220 - Decisions of the Panel; Final Orders; Appeals

859-300-0220. Decisions of the Panel; Final Orders; Appeals

Within 30-days following the conclusion of the relief hearing, or within 30-days of the scheduled date of a relief hearing in the case of default, the Board shall issue a final order or final order by default to the petitioner, the attorney representing the petitioner, the district attorney representing the state, interested persons and the Department of Human Services. Final orders and Final orders by default:

(1) Shall be in writing and signed by a panel member of the relief hearing;

(2) Shall contain the findings of facts, conclusions of law, and the reasons for the decision;

(3) If the relief is granted, shall contain a notice to petitioner that substantially provides:

(a) In cases where a state mental health determination resulted in a ban from transporting, shipping, possessing, or receiving a firearm under federal law, the relief granted only removes the firearm disability imposed under 18 U.S.C. §§ 922 (d)(4) and (g)(4), and that the relief granted does not otherwise qualify the petitioner to purchase or possess a firearm, and does not fulfill the requirements of the background check pursuant to the Brady Act (Pub. L. 103-159); or

(b) In cases where the petitioner was barred from purchasing or possessing a firearm under either ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f), the relief granted does not otherwise qualify the petitioner to purchase or possess a firearm under state law; and

(4) Shall advise the petitioner of the right to appeal an adverse decision to the circuit court of the county that originally made the determination that led to the firearm prohibition and that the petitioner may then take an appeal from the circuit court to the Court of Appeals in accordance with ORS 183.500.

(PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11)

Stat. Auth.: ORS 161, 183, 419C

Stats. Implemented: ORS 161.387(1), OL 2007, Ch. 889 § 6 (SB 328)

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