State v. O. R.

Summary

The Oregon Court of Appeals held that a circuit court lacked statutory authority to issue a firearm-prohibition order in a mental-health recommitment proceeding. The court reversed the September 12, 2025 firearm-prohibition order and otherwise affirmed the supplemental judgment recommitting the appellant for up to 180 days.

Holdings

1. The statutory scheme for recommitment, ORS 426.307(6), does not authorize a circuit court to enter a firearm-prohibition order. The firearm-prohibition order entered after O. R.'s recommitment hearing therefore lacked statutory authorization and was reversed.
2. The court accepted the State's concession that preservation should be excused because O. R. had no notice of or opportunity to object to the firearm-prohibition order.

Questions Presented

1. Whether a circuit court has statutory authority under Oregon's recommitment statutes to issue a firearm-prohibition order after a recommitment hearing.
2. Whether preservation of the challenge should be excused when the appellant had no notice of or opportunity to object to the firearm-prohibition order.

Disposition

other