166.273 Relief
from firearm prohibitions related to mental health. (1) A person barred from
transporting, shipping, possessing or receiving a firearm may file a petition
with the Psychiatric Security Review Board for relief from the bar if:
(a) The person is
barred from possessing a firearm under ORS 166.250 (1)(c)(D) or (E);
(b) The person is
barred from receiving a firearm under ORS 166.470 (1)(e) or (f) or, if the
person has been found guilty except for insanity of a misdemeanor involving
violence, ORS 166.470 (1)(g); or
(c) The person is
barred from possessing, receiving, shipping or transporting a firearm under 18
U.S.C. 922(d)(4) or (g)(4) as the result of a state mental health
determination.
(2) The
petitioner shall serve a copy of the petition on:
(a) The
Department of Human Services and the Oregon Health Authority; and
(b) The district
attorney in each county in which:
(A) The person
was committed by a court to the Oregon Health Authority, or adjudicated by a
court as a person with mental illness, under ORS 426.130;
(B) The person
was committed by a court to the Department of Human Services, or adjudicated by
a court as in need of commitment for residential care, treatment and training,
under ORS 427.290;
(C) The person
was found guilty except for insanity under ORS 161.295;
(D) The person
was found responsible except for insanity under ORS 419C.411; or
(E) The person
was found by a court to lack fitness to proceed under ORS 161.363 and 161.370.
(3) Following
receipt of the petition, the board shall conduct a contested case hearing, make
written findings of fact and conclusions of law on the issues before the board
and issue a final order.
(4) The state and
any person or entity described in subsection (2) of this section may appear and
object to and present evidence relevant to the relief sought by the petitioner.
(5) The board
shall grant the relief requested in the petition if the petitioner
demonstrates, based on the petitioner’s reputation, the petitioner’s record,
the circumstances surrounding the firearm disability and any other evidence in
the record, that the petitioner will not be likely to act in a manner that is
dangerous to public safety and that granting the relief would not be contrary
to the public interest.
(6) If the board
grants the relief requested in the petition, the board shall provide to the
Department of State Police the minimum information necessary, as defined in ORS
181A.290, to enable the department to:
(a) Maintain the
information and transmit the information to the federal government as required
under federal law; and
(b) Maintain a
record of the person’s relief from the disqualification to possess or receive a
firearm under ORS 166.250 (1)(c)(D) or (E) or 166.470 (1)(e), (f) or (g).
(7) The
petitioner may petition for judicial review of a final order of the board. The
petition shall be filed in the circuit court of a county described in
subsection (2)(b) of this section. The review shall be conducted de novo and
without a jury.
(8) A petitioner
may take an appeal from the circuit court to the Court of Appeals. Review by
the Court of Appeals shall be conducted in accordance with ORS 183.500.
(9) A person may
file a petition for relief under this section no more than once every two
years.
(10) The board
shall adopt procedural rules to carry out the provisions of this section.
(11) As used in
this section, “state mental health determination” means:
(a) A finding by
a court that a person lacks fitness to proceed under ORS 161.363 and 161.370;
(b) A finding
that a person is guilty except for insanity of a crime under ORS 161.295 or
responsible except for insanity of an act under ORS 419C.411 or any
determination by the Psychiatric Security Review Board thereafter;
(c) A commitment
by a court to the Oregon Health Authority, or an adjudication by a court that a
person is a person with mental illness, under ORS 426.130; or
(d) A commitment
by a court to the Department of Human Services, or an adjudication by a court
that a person is in need of commitment for residential care, treatment and
training, under ORS 427.290. [2009 c.826 §5; 2009 c.826 §§18,18a; 2011 c.658 §32;
2013 c.360 §68; 2015 c.201 §2; 2025 c.56 §13; 2025 c.559 §56]
Notes of Decisions
Cited in
16
cases (
16 in the last 5 years), 2022–2026 · leading case:
State v. C. W., 553 P.3d 577 (Or. Ct. App. 2024).
State v. C. W., 553 P.3d 577 (Or. Ct. App. 2024).
· cites it 2× “250(1)(c)(D) and 18 USC § 922 (g)(4) that you are prohibited from purchasing or possessing a fire- arm unless you obtain relief from the prohibition from the Psychiatric Security Board under ORS 166.273 or under fed- eral law.” In appellant’s view, the trial court erred in…”
State v. H. N., 545 P.3d 186 (Or. Ct. App. 2024).
· cites it 3× “5 We note that the order prohibiting appellant from purchasing or possess- ing a firearm “shall remain in effect until relief is granted under ORS 166.273.” ORS 166.273(5) entitles appellant to relief from the order if she shows that she is unlikely “to act in a manner that is…”
State v. Burris, 518 P.3d 891 (Or. 2022).
· cites it 2× “The prefatory clause also references ORS 166.273 and ORS 166.274, which provide opportunities for individuals to petition for relief from certain bars on possessing a fire- arm contained in ORS 166.”
State v. P. D., 553 P.3d 1063 (Or. Ct. App. 2024).
“You may obtain relief from this prohibition from the Psychiatric [Security] Review Board, pursuant to ORS 166.273, and as provided by Federal Law.”
State v. G. C.-M., 350 Or. App. 404 (Or. Ct. App. 2026).
· cites it 3× “130(1)(a)(D), the trial court “shall notify the person that the person is prohibited from purchasing or possessing a firearm under state and fed- eral law unless the person obtains relief from the prohibi- tion from the Psychiatric Security Review Board under ORS 166.273 or…”
Mohiadeen v. Washington Cnty. Sheriff's Off., 338 Or. App. 29 (Or. Ct. App. 2025).
· cites it 2× “291(2) identifies circumstances in which an appli- cant “is not subject to” disqualification under that provision: “A person who has been granted relief under ORS 166.273, 166.274, or 166.293 or 18 USC 925(c) or has had the person’s record expunged under the laws of this state…”
State v. S. M., 347 Or. App. 668 (Or. Ct. App. 2026).
“130(1)(a)(D) (2023); ORS 166.273 (2023). 2 Because the order prohibiting purchase or possession of firearms is depen- dent upon the court’s determination that appellant is a danger to himself, and because we reverse that determination, we also reverse the order regarding fire-…”
Mohiadeen v. Washington Cnty. Sheriff's Off., 338 Or. App. 29 (Or. Ct. App. 2025).
· cites it 2× “291(2) identifies circumstances in which an appli- cant “is not subject to” disqualification under that provision: “A person who has been granted relief under ORS 166.273, 166.274, or 166.293 or 18 USC 925(c) or has had the person’s record expunged under the laws of this state…”
State v. T. H., 350 Or. App. 558 (Or. Ct. App. 2026).
“We therefore vacate the general judgment and remand to the trial court with instructions to enter a judgment that includes a notice to appellant that appellant “is prohibited from purchasing or possessing a firearm under state and federal law unless [he] obtains relief from the…”
State v. J. G., 347 Or. App. 697 (Or. Ct. App. 2026).
“005(1)(f)(A) (2023), amended by Or Laws 2025, ch 559, § 4. The judgment also notifies appellant that he is pro- hibited from purchasing or possessing a firearm unless he obtains relief from the Psychiatric Security Review Board.”
State v. G. C.-M., 350 Or. App. 404 (Or. Ct. App. 2026).
· cites it 3× “130(1)(a)(D), the trial court “shall notify the person that the person is prohibited from purchasing or possessing a firearm under state and fed- eral law unless the person obtains relief from the prohibi- tion from the Psychiatric Security Review Board under ORS 166.273 or…”
State v. P. D. (Or. Ct. App. 2024).
“You may obtain relief from this prohibition from the Psychiatric [Security] Review Board, pursuant to ORS 166.273, and as provided by Federal Law.”
— Or. Rev. Stat. § 166.273(1)(a) — 2 cases
State v. Burris, 518 P.3d 891 (Or. 2022).
“The prefatory clause also references ORS 166.273 and ORS 166.274, which provide opportunities for individuals to petition for relief from certain bars on possessing a fire- arm contained in ORS 166.”
State v. H. N., 545 P.3d 186 (Or. Ct. App. 2024).
“5 We note that the order prohibiting appellant from purchasing or possess- ing a firearm “shall remain in effect until relief is granted under ORS 166.273.” ORS 166.273(5) entitles appellant to relief from the order if she shows that she is unlikely “to act in a manner that is…”
— Or. Rev. Stat. § 166.273(5) — 1 case
State v. H. N., 545 P.3d 186 (Or. Ct. App. 2024).
“5 We note that the order prohibiting appellant from purchasing or possess- ing a firearm “shall remain in effect until relief is granted under ORS 166.273.” ORS 166.273(5) entitles appellant to relief from the order if she shows that she is unlikely “to act in a manner that is…”
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