State v. Owenby

The trial court found that defendant suffers from a mental disorder, is dangerous to himself and to others and that he is unwilling, unable or unlikely to participate in treatment on a voluntary basis, and ordered him committed. ORS 426.070 et seq. The court then ordered that defendant be prohibited from purchasing or possessing firearms for a period of five years, pursuant to ORS 426.130(1)(b)(D). On appeal, defendant challenges only the order prohibiting him from purchasing or possessing firearms.

On the night that defendant was taken to the hospital by Deputy Gates, he had threatened to…