Oregon New federal prohibitors (oregon)

[BlackTemplar]

Expungement vs. Record Sealing

The key difference between expunging a person's criminal record and sealing it is that a sealed record still "exists" in both a legal and physical sense, while expungement results in the deletion of any record that an arrest or criminal charge ever occurred. It is typically standard procedure to seal records of juvenile criminal proceedings once the person turns 18, along with other criminal cases involving a juvenile, but those records are still accessible with a court order.

https://www.justia.com/criminal/exp...en expunging,or criminal charge ever occurred.


I am assuming these are juvenile convictions which would have been automatically "sealed" which would have satisfied the prior requirements to purchase firearms or receive CHL and with the new enhanced background checks one would have to go the extra mile to get them actually expunged to be able to continue to purchase firearms and receive CHL.

 

[Yarome]

I think the topic may be getting a bit convoluted. interjecting WA state laws isn't helpful in understanding OR laws. WA recently changed their laws where set-asides are no longer recognized when it comes to firearm related issues. OR does. At least, that's what the laws say and there isn't any evidence as of yet showing that the law has been changed.

We're also talking about individuals who have already gone through the set-aside/expungement process, have previously purchased firearms and/or obtained a CHL after their convictions were set aside, but are now being denied.

OR also, by law, does not allow sealed juvenile records to affect 4473 BGC's. Although, it's still not a bad idea to have sealed records set-aside (expunged is better than simply sealed), "legally" it shouldn't matter when doing a 4473 BGC. According to some that have posted, they had previously made purchases with a sealed juvenile record.

That's the crux of the issue we're trying to nail down. Why are previously approved BGC's now being denied. If taken at face value, OSP is saying it's the feeb's denying the application and the feeb's are saying, "it wasn't us!'.

 

[64MercurysRule]

Like the old saying ...... thank God we don't get all of the government we pay for , this is messed up enough .

 

[Yarome]

So. I've been talking to Tony Aiello. He's the attorney that's been handling the M114 battle out of Harney County.

He's aware of some others in the same boat and is very interested in these cases.
If anyone is so inclined to make contact and fill him in on your specific case....

Tony Aiello, Jr.
[email protected]
(503) 496-7177

It certainly couldn't hurt for those affected to combine efforts with others to try and get to the bottom of what's going on and rectify the situation.

 

[Yarome]

Oh yeah. He was also saying....

"There's a separate issue that's being kicked around in the Court of Appeals right now that is somewhat on point re: firearm right restoration when a petition to restore rights is sought for crimes that cannot be expunged/set aside. The COA has indicated it will side with the Plaintiff in that case. There's a chance we could loop those two together to get more bang for the funder's buck, so to speak."

 

[64MercurysRule]

" It certainly couldn't hurt for those affected to combine efforts with others to try and get to the bottom of what's going on and rectify the situation ."

When I see those 2 words in the same sentence & dealing with the government I can't help but to think of the pain in the a__ it is to fix the job we pay others to do right ..............

 

[arakboss]

Smith & Wesson suspended some Springfield employees due to ATF records

Gunmaker, Smith & Wesson says they’ve suspended several employees after ATF notified them that the workers aren’t permitted to legally possess guns.

www.wwlp.com

 

[Alexx1401]

Smith & Wesson suspended some Springfield employees due to ATF records

Gunmaker, Smith & Wesson says they’ve suspended several employees after ATF notified them that the workers aren’t permitted to legally possess guns.

www.wwlp.com

I am fairly shocked they were not running a BGC on the employee's long before now.

 

[arakboss]

We can thank members from both parties for coming up with this garbage.


The bill was passed by the Senate on June 23 by a vote of 65–33, with 15 Republicans voting in favor alongside all 50 Democrats. The bill was passed by the House on June 24 by a vote of 234–193, with 14 Republicans voting in favor alongside all 220 Democrats.


29 Republicans could have prevented this.

 

[arakboss]

I am fairly shocked they were not running a BGC on the employee's long before now.

These employees are victims of the new enhanced background checks required by the BSC Act. They likely passed the old background checks.

 

[circle_shooter]

Hey all, just signed up because of this. Had a record sealed in 2020 and have bought guns and gotten an Oregon carry permit since then. In March I bought a hunting rifle, after three days the gun store called and said my background check was 'delayed' and the state gave the store an estimated date of May 6th. The day came and went and it's still delayed. Called the number they gave me, no one answered and they didn't respond to my message (shocking, I know).

(Edit: got back from the fun store, bgc is still 'pending' and there's a new sign on the front desk, "any DELAYED transactions CANCELED (by cust) will incur a $50.00 surcharge" seems like I'm not the only one having this issue.)

I feel like I should just get a refund and buy somewhere that honors the 72 hour rule, or have my wife buy it but that's not why I went through the cost and trouble to have my record sealed in the first place.

So. I've been talking to Tony Aiello. He's the attorney that's been handling the M114 battle out of Harney County.

He's aware of some others in the same boat and is very interested in these cases.
If anyone is so inclined to make contact and fill him in on your specific case....

Tony Aiello, Jr.
[email protected]
(503) 496-7177

It certainly couldn't hurt for those affected to combine efforts with others to try and get to the bottom of what's going on and rectify the situation.

Should I reach out to this guy, tell him my sob story? He's a little far from home to me, not sure if he'd be interested.

 

[Yarome]

Should I reach out to this guy, tell him my sob story? He's a little far from home to me, not sure if he'd be interested.

It couldn't hurt anything to reach out and I know he would be quite interested. Combining resources among those similarly affected could only help, too.

I "believe" he is thinking more along the lines of a class action rather than just trying to push through individual cases one-by-one.

 

[StacattoP]

It dosent seems like any gun purchase will go through if you're expunged is going to go through until the state is sued there are several case about to start up about this

 

[StacattoP]

My girls 43x got denied a year after waiting for the records of her expungement to hit all the agencies. She got her concealed a 3 weeks later but still can't buy a gun