I wasn't familiar with this case until now, but a nice victory pending a final ruling.
This is a post conviction firearm rights restoration case. Mr. Wallace served his time for a class A felony conviction, completed his post release probation, satisfied all court ordered conditions of his conviction and, as long afforded by OR law, petitioned the courts to have his conviction set aside and restore all civil rights. Which, he was granted.
Fast forward... "the agenda" machine seems to have decided to start challenging previously established due process and OSP denied his FICS application for purchase of a firearm. To his credit, Mr. Wallace didn't let that stand and challenged the new OSP position.
OSP pretty much flat out lied to the courts in their motion, arguing that he is still a felon under feeb law, and since he still can't vote or serve on a jury, he should also no be allowed exercise his 2A rights. ALL of which is patently false. Feeb law recognizes state level conviction set asides/expungements. Essentially... if the state that convicted you under their state laws is good with setting aside or expunging your conviction... so are they.
Going to the appeals court, OSP's motion was to stay the previous courts order pending a hearing... which the appeals court denied and requires OSP to approve any FICS application Mr. Wallace might make.
Having a family member that successfully went through this process several years ago, it seems clear that this is a new means of attack against 2A right in Oregon through executive policy. "Once a felon, always a felon" BS.
This is a post conviction firearm rights restoration case. Mr. Wallace served his time for a class A felony conviction, completed his post release probation, satisfied all court ordered conditions of his conviction and, as long afforded by OR law, petitioned the courts to have his conviction set aside and restore all civil rights. Which, he was granted.
Fast forward... "the agenda" machine seems to have decided to start challenging previously established due process and OSP denied his FICS application for purchase of a firearm. To his credit, Mr. Wallace didn't let that stand and challenged the new OSP position.
OSP pretty much flat out lied to the courts in their motion, arguing that he is still a felon under feeb law, and since he still can't vote or serve on a jury, he should also no be allowed exercise his 2A rights. ALL of which is patently false. Feeb law recognizes state level conviction set asides/expungements. Essentially... if the state that convicted you under their state laws is good with setting aside or expunging your conviction... so are they.
Going to the appeals court, OSP's motion was to stay the previous courts order pending a hearing... which the appeals court denied and requires OSP to approve any FICS application Mr. Wallace might make.
Having a family member that successfully went through this process several years ago, it seems clear that this is a new means of attack against 2A right in Oregon through executive policy. "Once a felon, always a felon" BS.
Gary Indiana…. Gary Indiana
