Red Flag | Oregon Concealed Carry

Criminal Penalties Related to Oregon's Extreme Risk Protection Order (Red Flag) Law

Oregon's Extreme Risk Protection Order (ERPO) law, commonly referred to as the "red flag" law, was enacted in 2017 (Senate Bill 719) and took effect on January 1, 2018. The following criminal penalties are associated with violations of or abuse of the ERPO process:

Violation of an ERPO

• Classification: Class A misdemeanor
• Penalties: Punishable by up to one year in jail and a fine of up to $6,250
• Additional Consequence: A respondent who violates an ERPO will be prohibited from possessing a firearm for a period of five years

(Source: Oregon Secretary of State Advisory Report 2023-26)

Filing a False or Harassing ERPO Petition

• Classification: Class A misdemeanor
• Penalties: Punishable by up to one year in jail and a fine of up to $6,250
• Applicability: Applies if a petitioner is found to have:
  • Filed an ERPO petition with the intent to harass the respondent, or
  • Knowingly provided false information in their petition

(Source: Oregon Secretary of State Advisory Report 2023-26; Oregon Judicial Department ERPO Packet)

The ERPO petition form packet from the Oregon Judicial Department also includes the following warning:

"Filing a Petition for harassment purposes or based on false statements may lead to criminal charges against a Petitioner."

Key Compliance Requirements for ERPO Respondents

While not penalties themselves, failure to comply with these requirements constitutes a violation of the ERPO and triggers the criminal penalties described above:

• Respondents must surrender all deadly weapons (including firearms) and their concealed handgun license to a law enforcement agency, gun dealer, or another person who can lawfully hold them within 24 hours of being served
• Respondents are not allowed to possess weapons until the order expires or is terminated/dismissed by a judge
• An ERPO typically lasts for 1 year from the date it was issued, unless terminated earlier or renewed

Related Statutory References

• ORS 166.470: Referenced in ERPO petition forms regarding misdemeanor convictions involving violence
• ORS 163.732 / 163.750: Stalking offenses referenced in ERPO petition criteria
• ORS 135.230: Domestic violence offenses referenced in ERPO petition criteria
• ORS 813.010 / 813.011: Driving under the influence offenses referenced in ERPO petition criteria
• ORS 166.256: Firearm declaration requirements for other protective order types (noted as not specifically required for ERPOs in statute, though some local courts may enforce similar procedures)

Important Context

• ERPOs are civil orders, not criminal orders. The ERPO process itself is intended to prevent tragedy rather than criminalize an individual's elevated risk of violence or self-harm.
• The evidentiary standard for granting an ERPO in Oregon is "clear and convincing evidence": the highest standard among states with ERPO laws for ex parte orders.
• Oregon's ERPO law specifically bars the court from including in its findings "any mental health diagnosis or any connection between the risks presented by the respondent and mental illness." Risk assessments must be based on the individual's behaviors, not their mental health status or diagnosis.