166.292. The law enforcement officer shall take possession of all deadly weapons appearing to be in the custody, control or possession of the respondent that are surrendered by the respondent. If the

166.292. The law enforcement officer shall take possession of all deadly weapons appearing to be in the custody, control or possession of the respondent that are surrendered by the respondent. If the respondent indicates an intention to surrender the deadly weapons to a gun dealer or a third party, the law enforcement officer shall request that the respondent identify the gun dealer or third party.

����� (b) A law enforcement officer serving an extreme risk protection order continued after a hearing under ORS 166.530, or renewed under ORS 166.535, shall request that the respondent immediately surrender to the officer all deadly weapons in the respondent�s custody, control or possession and any concealed handgun license issued to the respondent under ORS 166.291 and 166.292. The officer may conduct any search permitted by law for deadly weapons in the custody, control or possession of the respondent and shall take possession of all deadly weapons appearing to be in the custody, control or possession of the respondent that are surrendered, in plain sight or discovered pursuant to a lawful search.

����� (4) At the time of the surrender of any deadly weapons or concealed handgun licenses under subsection (3) of this section, the law enforcement officer taking possession shall issue a receipt identifying all surrendered items and provide a copy of the receipt to the respondent. Within 72 hours after service of the order, the law enforcement officer serving the order shall file the original receipt with the court and shall ensure that the law enforcement agency employing the law enforcement officer retains a copy of the receipt.

����� (5) If a third party claims lawful ownership or right of possession of a deadly weapon surrendered pursuant to this section, the law enforcement agency may return the deadly weapon to the third party if the third party provides proof of lawful ownership or right of possession of the deadly weapon, in a sworn affidavit, affirms that:

����� (a) The third party may lawfully possess the deadly weapon;

����� (b) The third party did not consent to the prior possession of the deadly weapon by the respondent; and

����� (c) The third party will prevent the respondent from accessing or possessing the deadly weapon in the future. [2017 c.737 �6]

����� 166.540 Return of surrendered deadly weapons. (1) If an extreme risk protection order is terminated or expires without renewal, a law enforcement agency holding any deadly weapon or concealed handgun license that has been surrendered pursuant to the order shall return the surrendered items as requested by the respondent of the order only after:

����� (a) Confirming through a criminal background check, if the deadly weapon is a firearm, that the respondent is legally eligible to own or possess firearms under state and federal law; and

����� (b) Confirming that the extreme risk protection order is no longer in effect.

����� (2) The owner of a deadly weapon, if the deadly weapon is a firearm, in the custody of a law enforcement agency pursuant to ORS 166.537 who does not wish to have the firearm returned is entitled to sell or transfer title of any firearm to a licensed gun dealer as defined in ORS 166.412, provided that the firearm is lawful to own or possess and the person has a legal right to transfer title of the firearm.

����� (3) A deadly weapon surrendered by a person pursuant to ORS 166.537 that remains unclaimed by the owner shall be disposed of in accordance with the law enforcement agency�s policies and procedures for the disposal of deadly weapons in the agency�s custody. [2017 c.737 �7]

����� 166.543 Criminal penalties. (1) A person commits a Class A misdemeanor if:

����� (a) The person knowingly possesses a deadly weapon; and

����� (b) The person is prohibited from possessing deadly weapons pursuant to an extreme risk protection order:

����� (A) Issued after notice and a hearing under ORS 166.530;

����� (B) Confirmed by operation of law after the person failed to request a hearing under ORS 166.527 (9); or

����� (C) Renewed under ORS 166.535.

����� (2) A person convicted under subsection (1) of this section shall be prohibited from having in the person�s custody or control, owning, purchasing, possessing or receiving, or attempting to purchase or receive, any firearms for a five-year period beginning when the extreme risk protection order expires or is terminated, or the judgment of conviction is entered, whichever occurs later.

����� (3) A person who files a petition for any extreme risk protection order under ORS 166.525 to