HB 2013 : Close ERPO loophole, Remove Guns from Domestic Violence Abusers

Position: Support Status: Signed by Governor Brown, effective date was June 4, 2019

HB 2013 passed the Oregon House and Senate and is now waiting for Governor Brown's signature.

HB 2013 bill closes a dangerous loophole in the Extreme Risk Protection Order law and provides tools and confirmation procedures for police to remove firearms from people convicted of domestic violence.

Update

6-4: Signed by Governor Brown 5-28: Signed by House Speaker Kotek and Senate President Courtney. Waiting for Gov. Brown's signature. 4-25 (S) Referred to Senate Judiciary Committee 4-23 (H) Third reading. Carried by Williamson. Passed. Ayes, 43; Nays, 15--Barreto, Bonham, Boshart Davis, Drazan, Hayden, Leif, Nearman, Post, Reschke, Smith DB, Sprenger, Stark, Wallan, Wilson, Zika; Excused, 1--Marsh; Excused for Business of the House, 1--Witt. Rules suspended. Carried over to April 23, 2019 Calendar. 4-22 (H) Third reading in House, vote expected 4-9 (H) Work Session held. Voted out of House Judiciary Committee. Only 2 nay votes were Representatives Sprenger and Stark 4-2 (H) Public Hearing held. 3-28 (H) Referred to Judiciary. 3-27 (H) First reading. Referred to Speaker's desk. Introduced by Representatives Williamson and Prusak

HB 2013 addresses these issues:

  • People subject to certain court protective orders like Extreme Risk Protection Order are prohibited from possessing firearms if they had opportunity to have a hearing and did not request a hearing or withdrew a request before hearing occurred.
  • Requires court to order relinquishment of firearms when person is convicted of certain domestic violence offenses or subject to certain court orders.
  • Requires person to transfer firearms within 24 hours of court order.
  • Requires court to notify district attorney and Department of State Police if person does not file affidavit or declaration concerning possession of firearms.
  • Requires law enforcement agency that takes custody of firearms pursuant to relinquishment order to notify Department of Justice and perform criminal background check prior to law enforcement agency’s return of firearms.
  • Declares emergency, effective on passage.