August 15, 2017 — Former Congresswoman Gabrielle Giffords, the Co-Founder of the gun violence prevention organization Americans for Responsible Solutions, applauded the signing by Governor Kate Brown of a new bipartisan, commonsense bill (Senate Bill 719) into law, which creates a process for obtaining an Extreme Risk Protection Order that prohibits a person who is in danger of hurting themselves or others from possessing a firearm. Earlier this year, members of the Oregon Coalition for Common Sense testified on behalf of Senate Bill 719 and urged Oregon’s leaders to pass the bill.
Congresswoman Gabrielle Giffords:
“This new law is the latest example of Oregon’s commitment to building safer communities. This important, lifesaving legislation will help families and law enforcement keep guns out of the hands of individuals who are experiencing a mental health crisis. It gives me hope to see Western states, many with rich traditions of gun ownership, leading the way and proving that progress is possible in the fight to prevent gun violence. Following the horrific shooting in Santa Barbara, California enacted similar legislation that has helped keep guns out of the wrong hands. Last year, voters in Washington overwhelming passed a similar measure at the ballot box. I’m thrilled to see Oregon join that list today and look forward to helping more states follow their example.”
About the Extreme Risk Protection Order
The Extreme Risk Protection Order (ERPO) is a civil court order issued by a judge upon consideration of evidence provided by a family member or law enforcement officer that temporarily prohibits a person in crisis from possessing or purchasing firearms or ammunition. A common thread in many shootings is that family members of the shooters had noticed their loved ones engaging in dangerous behaviors and were concerned about their risk of harming themselves or others – even before any violence occurred.
An ERPO creates a mechanism for family and household members to temporarily prevent access to guns by individuals who pose an elevated risk of endangering themselves or others. This law can save lives while ensuring critical legal protections for respondents, just as it has in states that have already taken this responsible step.
The ERPO is based on the long-standing domestic violence protection orders (in place in all 50 states) and involves both a court hearing and clearly defined due process protections. Qualifying petitioners, such as family and household members or law enforcement officers, would be able to petition the civil court in their jurisdiction for an ERPO based on evidence they present through a written application and at a hearing before a judge.
The ERPO gives individuals an opportunity to present evidence to show they are not a danger to themselves or others. If a court issues an ERPO, respondents would still be able to petition once for termination of the order and be eligible to have their firearms and ammunition returned upon expiration of the order.
States with ERPO laws have seen positive results and are saving lives.Over the past three years, a growing list of states with rich traditions of gun ownership have passed life-saving legislation that helps families and law enforcement keep guns out of the hands of individuals who are experiencing a mental health crisis. California enacted this life-saving law in 2014, and Washington voters overwhelmingly passed it in November 2016. Connecticut and Indiana have similar versions that allow law enforcement officers to intervene when people are in crisis and have easy access to guns. In the first 14 years of the implementation of Connecticut’s law, it is estimated that between 38-76 lives were saved as a result of risk-warrants. In addition, nearly one third of respondents received critical mental health and substance abuse treatment as a result of the intervention.
The ERPO is a particularly important tool to help prevent suicides. Those in a suicidal crisis are much more likely to survive if they do not have easy access to firearms for the duration of the crisis. Research shows that people are more likely to die by suicide if they have easy access to firearms. Eighty-five percent of suicide attempts involving firearms are fatal. Nine out of 10 people who survive a suicide attempt do not die by suicide at a later date. These facts demonstrate that the ERPO, which can prevent suicidal individuals from accessing guns during a crisis, will likely save lives.