ERPO Facts

ERPO Facts

Many people fear having their second amendment rights taken away if they seek support such as calling a crisis line, working with a therapist, or talking to their primary care provider about behavioral health needs. Click here for information that is not pro or against ERPO – they are just facts:

Who can file an ERPO
Any family member, household member, or intimate partner can apply for an ERPO. Law enforcement officers can also apply. “Family member” is limited to spouse, parent, child, or sibling.

Getting Help Does Not Mean Giving Up Your Rights
Many firearm owners avoid reaching out for mental health support because they worry that talking to a therapist, doctor, crisis worker, social worker, or the VA will automatically lead to an Extreme Risk Protection Order. In Oregon, that is not how the ERPO process works.

An ERPO can only be requested by law enforcement or a family or household member. Therapists, doctors, crisis workers, social workers, and VA providers cannot directly petition the court for an ERPO simply because someone seeks help or talks about stress, depression, trauma, or suicidal thoughts.

Seeking support is a responsible step. It can help someone get through a difficult time while maintaining their rights, dignity, and connection to the people and resources that support them. Firearm owners should feel able to ask for help early, before a crisis becomes more dangerous.

If risk is elevated, support may include a safety plan, counseling, crisis resources, trusted family or friends, or voluntary temporary firearm storage. Getting help and protecting firearm rights can go hand in hand.

Filing an ERPO

The simplified steps involved in filing an ERPO. Click on each step for more information.

Fill out:

  • Extreme Risk Protection Order Petition
  • Affidavit in Support

Fill them out completely and truthfully.

Only answer questions that apply to your situation.

Important: Make sure you write the county name at the top of the form and do NOT sign the petition yet.

our signature must be witnessed.

You have two options:

  • Sign in front of a notary
  • OR bring the unsigned forms to the courthouse and sign in front of court staff

If the affidavit is not notarized, you will need to testify to the judge in person.

Take your completed forms to the county courthouse and file them with the clerk.

The clerk will tell you:

  • When your hearing is
  • Where to go

The hearing is usually the same day or the next business day.

You must attend the hearing or the ERPO will not be issued.

At the hearing, the judge will decide if the person is at risk of:

  • Suicide
  • Hurting someone else

The judge may consider things like:

  • Suicide threats or attempts
  • Threats or violence toward others
  • Domestic violence or assault history
  • Drug use
  • Brandishing a weapon
  • Violating restraining orders
  • Recently buying weapons

If the judge issues the ERPO, the Respondent must be served (given the paperwork).

You cannot serve the papers yourself.

Service can be done by:

  • Sheriff (free)
  • Private process server
  • Any adult who lives in the state

The person who serves the papers must complete a Certificate of Service and file it with the court.

The order is not enforceable until the person is served.

Know Your ERPO Rights

If an Extreme Risk Protection Order is issued, the Respondent still has important legal rights.

The Respondent can request a court hearing to challenge the ERPO.

  • The hearing is usually held within 21 days
  • The court will notify both you and the Respondent of the date and time

At the hearing, the Respondent has the right to:

  • Tell their side of the story
  • Present evidence
  • Bring witnesses
  • Ask questions
  • Challenge the information in the petition

The Respondent can have a lawyer, but it is not required.

The Respondent must be:

  • Served with the order
  • Given notice of hearings
  • Given copies of the paperwork

If the ERPO expires or is dismissed, the Respondent can request the return of their firearms (if they are legally allowed to possess them).

ERPO: What to Expect

What happens if the ERPO is granted (not all ERPOs are granted)

If the judge grants the ERPO:

  • The order lasts 1 year from the date it was issued
  • Unless the court dismisses it earlier

If the order is granted, the Respondent must:

  • Turn in firearms
  • Turn in ammunition
  • Turn in gun parts
  • Not buy new firearms
  • Not possess deadly weapons

These are usually turned in to:

  • Law enforcement
  • A gun dealer (FFL)
  • Or another legal storage option approved by the court

If the Respondent violates the order (has weapons, buys weapons, etc.):

  • Call 911
  • Violating an ERPO is a crime

he order can be renewed for another year if the person is still at risk.

To renew:

  • File a new ERPO petition
  • File it within 90 days before the order expires
  • Mark that it is a renewal

Anyone who is eligible to file the original ERPO can request the renewal.

Either person can ask the court to end the order early.

  • You can file to terminate (dismiss) the order
  • The Respondent can also file to terminate
  • Each person can request termination one time per year
  • The order stays in place until the judge dismisses it
  • It may take a few days for police to be notified after dismissal