Oregon Deschutes County Sheriff will not approve or deny CHL

[4Freedom]

Considering, in my opinion, conceal carry licenses are a violation of the 2nd Amendment, I already have a bad view of being forced to earn the privilege to carry a gun; even though that right was supposedly guaranteed to me in our Constitution. On that note, if I had any grief from the state issuing me my permit and the state is referred to as a "Shall Issue" state, I would do everything in my power to sue the crap out of the state and hopefully find others in the same situation to join with me in a Class-Action type of lawsuit. I'm not sure how the process goes when suing a governing entity, but it just makes my blood boil when a state's incompetence results in the infringement of my rights and even turns me into a criminal. Some say that they were given pieces of paper that will work as conceal carry licenses, but what about those who don't receive that? Will the same officer who says you need to wait longer for your permit, will he also not arrest and file illegal weapon charges against you?

In my opinion, if a state cannot approve a conceal handgun license in the specified time frame (which should be reasonable) then the state should abolish conceal carry licenses altogether.


On another note, I find it ironic that counties in Oregon are going broke when Oregon has one of the highest state income tax's in the country. Where is all Oregon's tax revenue going? Didn't the last governor get indicted for corruption and fraud of some sort? Your bureaucratic governing machine at work. Steal your money and then deny you your right to defend yourselves and loved ones.

 

[WALawyer]

I'm not sure about the state he came from, but in WA there are several databases. District and Superior Court Information Systems (still DOS based), the DOC databases, and the FBI NCIC where an agency can get whats called a "Triple I" report (Interstate Identification Index). If you wanted an arrest to completely disappear, it would have to be at the federal level. The normal culprit is a state failing to issue a disposition to the feds. Even if the case is dismissed, the feds maintain the record of arrest. It may be possible to petition the FBI to remove that.

This is inaccurate. The Interstate Identification Index (commonly confused with the NCIC, which is different) is the federal system for checking nationwide arrests/convictions. The III pulls information directly from all of the various states. If an arrest is expunged at the state level, then it also doesn't show up on the III because, again, all it does is pull whatever the states have. However, the feds themselves cannot expunge anything. All changes/expungements of a state record must occur at the state level.

While everyone's advice to expunge the arrest record from OK is sound, it's not nearly as easy as some of you make it out because every state has different rules regarding expungement of an arrest and I'd venture to guess that some states don't even allow it. For example, if that OK arrest had happened in WA instead, he would definitely not be able to expunge it because he did probation. Having said that, I would advise the original poster to at least contact an OK lawyer to see if there's anything like that available there.

To the original poster: if you end up wanting to speak to an OR lawyer about your situation, I can recommend someone. Contact me privately. Another thing I advise you is to get copies of your court records from OK and then keep them pretty much forever. Every time this issue comes up, provide those records to your local law enforcement that is doing the background check. That should speed things up on their end.

 

[No_Regerts]

This is inaccurate. The Interstate Identification Index (commonly confused with the NCIC, which is different) is the federal system for checking nationwide arrests/convictions. The III pulls information directly from all of the various states. If an arrest is expunged at the state level, then it also doesn't show up on the III because, again, all it does is pull whatever the states have. However, the feds themselves cannot expunge anything. All changes/expungements of a state record must occur at the state level.

While everyone's advice to expunge the arrest record from OK is sound, it's not nearly as easy as some of you make it out because every state has different rules regarding expungement of an arrest and I'd venture to guess that some states don't even allow it. For example, if that OK arrest had happened in WA instead, he would definitely not be able to expunge it because he did probation. Having said that, I would advise the original poster to at least contact an OK lawyer to see if there's anything like that available there.

To the original poster: if you end up wanting to speak to an OR lawyer about your situation, I can recommend someone. Contact me privately. Another thing I advise you is to get copies of your court records from OK and then keep them pretty much forever. Every time this issue comes up, provide those records to your local law enforcement that is doing the background check. That should speed things up on their end.

Just went by the FBI website.

At least the last part.

 

[v0lcom13sn0w]

I'd bet Oregon's SB 719 isn't going to help you much. I'll second CountryGent's response. Good luck.

My wife would have used a baseball bat! Sure glad I can run faster than her!

that video looks like a good way to learn to avoid a chuck norris "t-bagging"

though chuck norris doesnt "t-bag," he "potato sacks"

 

[DirectDrive]

This is inaccurate. The Interstate Identification Index (commonly confused with the NCIC, which is different) is the federal system for checking nationwide arrests/convictions. The III pulls information directly from all of the various states. If an arrest is expunged at the state level, then it also doesn't show up on the III because, again, all it does is pull whatever the states have. However, the feds themselves cannot expunge anything. All changes/expungements of a state record must occur at the state level.

While everyone's advice to expunge the arrest record from OK is sound, it's not nearly as easy as some of you make it out because every state has different rules regarding expungement of an arrest and I'd venture to guess that some states don't even allow it. For example, if that OK arrest had happened in WA instead, he would definitely not be able to expunge it because he did probation. Having said that, I would advise the original poster to at least contact an OK lawyer to see if there's anything like that available there.

To the original poster: if you end up wanting to speak to an OR lawyer about your situation, I can recommend someone. Contact me privately. Another thing I advise you is to get copies of your court records from OK and then keep them pretty much forever. Every time this issue comes up, provide those records to your local law enforcement that is doing the background check. That should speed things up on their end.

Great post.
Hoped the OP sees it.

 

[Stomper]

Just went by the FBI website.

At least the last part.

That'll teach ya!!

 

[Steel929]

So it looks like I need to deal with this on multiple levels.

I may look into solving this at the local level but it would be helpful to have the arrest record expunged to prevent this sort from coming back to haunt me when I renew.

Think I will explore both options.

Just for the record while I would be willing to sue the govt, I would do so only as a last resort after other reasonable methods have been explored. Like water, I try to take the path of least resistance. I make a lot less enemies that way. Still no harm in discussing with an attorney...

As far as the governor in this state... In my opinion she should be removed from office. The reason is that she has declared the state a sanctuary state. IMO that flys in the face of federal law and the Constitution, a document that I did swear to support and defend against all enemies foreign and domestic. God I hope it never comes to that.

Thank you to all that have weighed in...I will keep you updated as I work through this.

 

[Steel929]

So given all the friendly help and guidance I thought that it was only fair that I update everyone on the recent developments.

Deschutes County Sheriff did issue my CHL about a week ago. While it did come extremely late I am thankful to have it all the same as I truely did not want to have to take them to court and was about a paycheck away from doing so.

Thank you all for your help and guidance. It was much appreciated.

 

[Partsproduction]

Good for you! I guess twisted sister kate never knew about your case.

 

[TheGameMaster]

How were you able to buy a gun with a domestic violence conviction on your record? Federal law forbids the sales of firearms to anyone who is convicted of a misnomer or worse domestic violence charge. Its one of the rules the NRA is trying to change. If they approved you for purchase of a firearm, they broke the law.

 

[Partsproduction]

Gamemaster, this is the age of lawlessness, our own governor ignores the important border laws as well as the laws of nature.
If once in a great while such an ill conceived law as that DV one of bill klintoneskiavitch should be ignored it may be a nice change. The more our far leftist government outrageously resists our national laws the less important the left's laws seem to many of us. Have you considered how that law is total BS? Like 719A in oregon it is rigid, and many people have been unjustly deprived of their right to keep and bear arms because of it.
I do not believe a marxist can make a good law.

 

[Steel929]

How were you able to buy a gun with a domestic violence conviction on your record? Federal law forbids the sales of firearms to anyone who is convicted of a misnomer or worse domestic violence charge. Its one of the rules the NRA is trying to change. If they approved you for purchase of a firearm, they broke the law.

I do not have a domestic violence conviction.