Current Oregon State Police Background Check Queue Status As Countdown To Measure 114 Vote Approaches.

[Gbirk]

This judge is not buying the AGs bull crap. Hopefully he just finds it all unconstitutional and tells them to get bent. I know it's wasting our money but making them run around then throwing it all in their face would be worth it.

No, the only thing that will make it "worth it" is a positive outcome setting a solid legal precedent for crap laws like this.

 

[sed]

Let me get this straight? These two actually went to The Harney County Seat/Court House and stood before a judge? At that time they told the judge that everything was in place to get a permit?
Help me here? that sound like a bald face lie, to me anyway. But I'm not the sharpest knife in the drawer.

Where is this story? I had to give up trying to keep up with the hundreds of posts on the the situation(S)

This was back and forth dialogue between Judge Raschio and the state's attorney at the beginning of the hearing this morning.

 

[FastSmitty]

Is the hearing live?

 

[sed]

Is the hearing live?

Yes!!

 

[FastSmitty]

Yes!!

Link?

 

[sed]

https://www.courts.oregon.gov/courts/...

Harney Webex – PUBLIC
December 13, 2022 at 9:00 AM
Join from the meeting link:

https://oregonjudicial.webex.com/oreg...

Join by meeting number:
MEETINGS.WEBEX.COM
Meeting number (access code): 2490 636 2369
Meeting password: HARpublic22*

Join by phone:
1-408-418-9388
Access code: 2486 636 2369 ##

 

[sed]

https://www.courts.oregon.gov/courts/...

Harney Webex – PUBLIC
December 13, 2022 at 9:00 AM
Join from the meeting link:

https://oregonjudicial.webex.com/oreg...

Join by meeting number:
MEETINGS.WEBEX.COM
Meeting number (access code): 2490 636 2369
Meeting password: HARpublic22*

Join by phone:
1-408-418-9388
Access code: 2486 636 2369 ##

They're in recess until 1:20pm.

 

[sed]

Someone is trying a livestream as well.
Unfortunately their audio cutout at the beginning during some important dialogue between the state's attorney and the judge.
You can follow along here:

 

[nammac]

Someone is trying a livestream as well.
Unfortunately their audio cutout at the beginning during some important dialogue between the state's attorney and the judge.
You can follow along here:

G23 who's hosting this feed indicated that the judge already ruled this morning on the bulk of 114, the stay remains in place until 12/23, when the next hearing will commence at 9:00 am.

Testimony continues at 13:20 regarding the magazine ban. I fully expect the judge to put a stay on that as well before the day ends…

 

[sed]

G23 who's hosting this feed indicated that the judge already ruled this morning on the bulk of 114, the stay remains in place until 12/23, when the next hearing will commence at 9:00 am.

Testimony continues at 13:20 regarding the magazine ban. I fully expect the judge to put a stay on that as well before the day ends…

Close.
What the judge actually ruled on was that his TRO would remain in effect for sections 1-10 of BM114 until the state could prove that the permitting process was 100% complete and operational. At that time, he would grant a 10 day window to hold a hearing to consider rescinding the TRO on sections 1-10.

The state attorney conceded the part about the permitting process.
But then objected to the TRO applying to sections 6-9.
These sections specifically address removing the option for FFL's to exercise the 3-day release if a decision is not received on a pending BGC in 3 business days.
The state's attorney requested the next available slot on the judge's schedule to appeal the ruling of the TRO applying to sections 6-9.
Judge Raschio gave them a court date of Dec 23. Again, this is to hear and consider removing the 3-day release portion (sections 6-9 of BM114) from the TRO.

The permitting piece is on hold until the state and sheriffs have everything ready to go. This could be months.

 

[arakboss]

I think OSP's descision to get rid of preference for CHL holders is so they can show that everybody is moving forward in the queue. The State may feel this will help their arguments to ban three day rule.

 

[GrayGoose]

No, the only thing that will make it "worth it" is a positive outcome setting a solid legal precedent for crap laws like this.

And the tyrannical traitors swinging on the business end of ropes in town square, to set an example for others who may contemplate such blatant violations of our constitutional rights.

 

[FastSmitty]

So I am pretty confused on the 3 day rule... I brought it up with Mk Tactical cause I have 2 BGCs in process. They told me they are not doing the 3 day rule because that is only in affect once you number has come up and they have reviewed your BGC but have not given a decision.... has anyone have ever gotten there BGC reviewed and not received a decision of approved/ denied or have a waiting period i.e. 30day hold... MK tacticals answer just doesn't make sense to me so trying to see it from their point of view.

 

[BluesReds]

I think OSP's descision to get rid of preference for CHL holders is so they can show that everybody is moving forward in the queue. The State may feel this will help their arguments to ban three day rule.

Now that you said this, I think you're right. They need to be able to show that the queue actually moves rather than what it really is; a black hole where nothing ever emerges.

 

[Velzey]

I know one thing, at this rate it's will be years.
My customer that was number 357 48hrs ago is now 353

 

[arakboss]

So I am pretty confused on the 3 day rule... I brought it up with Mk Tactical cause I have 2 BGCs in process. They told me they are not doing the 3 day rule because that is only in affect once you number has come up and they have reviewed your BGC but have not given a decision.... has anyone have ever gotten there BGC reviewed and not received a decision of approved/ denied or have a waiting period i.e. 30day hold... MK tacticals answer just doesn't make sense to me so trying to see it from their point of view.

Every FFL is free to have their own interpretation of the rules. It is likely they don't want to do the three day releases regardless. Everybody I have seen in the queue right now has a delay note in the note section of their FICS system entry. If you are really deep in the queue, ask them what options they would suggest for moving your firearm to an FFL who is doing no response releases.

 

[arakboss]

Now that you said this, I think you're right. They need to be able to show that the queue actually moves rather than what it really is; a black hole where nothing ever emerges.

Exactly, there were people moving backwards in the queue and their only chance at getting their firearm is with a 3 day rule release.

I would not be surprised if OSP throws everything the can at the problem to speed up background checks between now and Dec 23rd.

 

[BluesReds]

So I am pretty confused on the 3 day rule... I brought it up with Mk Tactical cause I have 2 BGCs in process. They told me they are not doing the 3 day rule because that is only in affect once you number has come up and they have reviewed your BGC but have not given a decision.... has anyone have ever gotten there BGC reviewed and not received a decision of approved/ denied or have a waiting period i.e. 30day hold... MK tacticals answer just doesn't make sense to me so trying to see it from their point of view.

Don't bother trying to argue. Either accept your fate, or move your items to a 3-day FFL. You have a guaranteed 10 days right now to move them and get it done. Personally, I ponied up the money to move to my stuck items to a 3 day FFL last week. Now I have them. Well worth the money to transfer them and submit new BGC fee to free them from indefinite OSP lockup.

 

[FastSmitty]

Don't bother trying to argue. Either accept your fate, or move your items to a 3-day FFL. You have a guaranteed 10 days right now to move them and get it done. Personally, I ponied up the money to move to my stuck items to a 3 day FFL last week. Now I have them. Well worth the money to transfer them and submit new BGC fee to free them from indefinite OSP lockup.

Which shop did you send it to?

 

[sed]

I would not be surprised if OSP throws everything the can at the problem to speed up background checks between now and Dec 23rd.

This is my thought as well.
For the past week, week & a half, BGC's have come to a screeching halt. Could've been that OSP was waiting to see what would come from these legal proceedings to decide how they would proceed.
Once they get a more clear picture, I wouldn't be surprised if we see the wheels of the BGC machine start to move again.
Hopefully they'll start cranking out the 800-1,000 BGC's a day they're capable of doing.