Oregon Osp and expungement rule

[macabre]

There's no such thing as "gun registration" in Oregon. The background check paperwork for the 4473 stays on file with OSP for 5 years and they are supposed to destroy it.

I remember reading in a previous thread that in the past, OSP has been caught keeping those files for more than 5 years. Although, I don't know the full truth to that claim, so maybe I'm wrong.

 

[MrJoshuaYoder]

I remember reading in a previous thread that in the past, OSP has been caught keeping those files for more than 5 years. Although, I don't know the full truth to that claim, so maybe I'm wrong.

I'm sure they have and maybe still do, as we know from the issue at hand in this thread, they don't always do what they're supposed to do.

 

[IHaveAsthma]

I'm sure I'm going to be here a lot more but it seems like I'm running into this issue here in Oregon. I had a previous charge from 10+ years ago that got expunged. I went to purchase P365 Fuse at Sportsman's and got hit with a 60 pending/delay. I'm 50 days in. The I will let you know how this plays out.

 

[MrJoshuaYoder]

I'm sure I'm going to be here a lot more but it seems like I'm running into this issue here in Oregon. I had a previous charge from 10+ years ago that got expunged. I went to purchase P365 Fuse at Sportsman's and got hit with a 60 pending/delay. I'm 50 days in. The I will let you know how this plays out.

Welcome to the party.

Their current game is delay delay delay unless something stops them.
I think they are trying to delay purchases until they can ram legislation through.

Unless you contact them and make noise via the phone if it's back up, or the delayed email, they will keep you in delayed as long as possible. There is no legal injury for being put in delayed. It's when they unlawfully deny that there's injury. I know of people that have been pending for over a year.

 

[IHaveAsthma]

Welcome to the party.

Their current game is delay delay delay unless something stops them.
I think they are trying to delay purchases until they can ram legislation through.

Unless you contact them and make noise via the phone if it's back up, or the delayed email, they will keep you in delayed as long as possible. There is no legal injury for being put in delayed. It's when they unlawfully deny that there's injury. I know of people that have been pending for over a year.

Can you send me the number to call? I tried. Asking the number on the website but it's the automatic message saying they will not return calls or emails.

 

[MrJoshuaYoder]

Can you send me the number to call? I tried. Asking the number on the website but it's the automatic message saying they will not return calls or emails.

That sounds like the phone line is still down "Due to staffing issues" then.
The email for delays is: [email protected]

Include your Name, Phone Number, DOB, and the NTN number if possible (You should be able to get that from your FFL).
If you don't include any attachments relating to your denial they may just ignore the email. When they delayed me I included a copy of my Relief from Prohibition order from my 166.274 relief, and my clear FBI NICS background check. I got a call very quickly, within a couple days.

If you don't have a restoration other than your set-aside order you could scan and send that instead.
You can get a copy of your FBI NICS background check quickly via FieldprintUSA, there are locations in Medford and Grants Pass for livescan. They say it takes 48 hours, but every time I've done it I had results within about 30 minutes. That cost $50 last time I did it.

In my email I articulated that I had been placed into the queue and then informed I was delayed until (delayed date), and I wanted to know why. I also mentioned that I no longer had a criminal record as that was all set aside.
-----

Alternatively you can wait in the pending status, and assuming we prevail in our case against OSP, I'll be posting the final judgement which will hopefully cover everyone. In that case you can send them a copy of that and let them know they need to stop playing games and approve you. That way hopefully you never have a denial, and you just go straight to approved from delayed.
Hope that helps.

 

[G1GRANDEUR]

I will say again, big props to MrJoshuaYoder

 

[jghaws]

Welcome to the party.

Their current game is delay delay delay unless something stops them.
I think they are trying to delay purchases until they can ram legislation through.

Unless you contact them and make noise via the phone if it's back up, or the delayed email, they will keep you in delayed as long as possible. There is no legal injury for being put in delayed. It's when they unlawfully deny that there's injury. I know of people that have been pending for over a year.

when they delayed me i drove to salem the first day and talked to them in person they said they would look into it then the next say i was denied

 

[IHaveAsthma]

That sounds like the phone line is still down "Due to staffing issues" then.
The email for delays is: [email protected]

Include your Name, Phone Number, DOB, and the NTN number if possible (You should be able to get that from your FFL).
If you don't include any attachments relating to your denial they may just ignore the email. When they delayed me I included a copy of my Relief from Prohibition order from my 166.274 relief, and my clear FBI NICS background check. I got a call very quickly, within a couple days.

If you don't have a restoration other than your set-aside order you could scan and send that instead.
You can get a copy of your FBI NICS background check quickly via FieldprintUSA, there are locations in Medford and Grants Pass for livescan. They say it takes 48 hours, but every time I've done it I had results within about 30 minutes. That cost $50 last time I did it.

In my email I articulated that I had been placed into the queue and then informed I was delayed until (delayed date), and I wanted to know why. I also mentioned that I no longer had a criminal record as that was all set aside.
-----

Alternatively you can wait in the pending status, and assuming we prevail in our case against OSP, I'll be posting the final judgement which will hopefully cover everyone. In that case you can send them a copy of that and let them know they need to stop playing games and approve you. That way hopefully you never have a denial, and you just go straight to approved from delayed.
Hope that helps.

Thank you. With only having 6 more days until they have to deny or delay me again I think I'm going to wait until Sunday 5/18 then I might cancel my order if delayed again and go to smaller FFL and start that process there and get my own FBI NCIS check and go that route. I will keep you updated come this weekend.

 

[1911Fanatic]

Thank you. With only having 6 more days until they have to deny or delay me again I think I'm going to wait until Sunday 5/18 then I might cancel my order if delayed again and go to smaller FFL and start that process there and get my own FBI NCIS check and go that route. I will keep you updated come this weekend.

I think you mean NICS…..NCIS is a television show. And no, Sean Murray won't be doing your background check.

 

[IHaveAsthma]

I think you mean NICS…..NCIS is a television show. And no, Sean Murray won't be doing your background check.

I mean, we can only hope, am I right? I'd feel a lot better about this situation if it was Sean Murray.

 

[MrJoshuaYoder]

Well I got a final response regarding the FBI letter from Cliff Bentz.

Definitely an unexpected response. I partly expected a complete reversal of the opinion and a retraction of the opinion letter. Maybe the NICS division hasn't been cleaned out in the wake of Pro 2A.

Reading between the lines here, it indicates the opinion that a set-aside in Oregon doesn't always restore firearm rights under Oregon law. We of course believe this incorrect, especially with the Oregon COA opinion earlier this year, which we are citing to in our case. Hopefully we get a favorable ruling soon and will have additional case law to lean on going forward.

This response does make me wonder if the FBI's opinion is actually different with a set-aside AND a firearms rights restoration, absent of a court ruling.

 

[JohnnyMac]

Well I got a final response regarding the FBI letter from Cliff Bentz.

Definitely an unexpected response. I partly expected a complete reversal of the opinion and a retraction of the opinion letter. Maybe the NICS division hasn't been cleaned out in the wake of Pro 2A.

Reading between the lines here, it indicates the opinion that a set-aside in Oregon doesn't always restore firearm rights under Oregon law. We of course believe this incorrect, especially with the Oregon COA opinion earlier this year, which we are citing to in our case. Hopefully we get a favorable ruling soon and will have additional case law to lean on going forward.

This response does make me wonder if the FBI's opinion is actually different with a set-aside AND a firearms rights restoration, absent of a court ruling.

View attachment 2096094

Looks like a case of trying to be as ambiguous as possible and side stepping any solid answers.

 

[JoshFromSalem]

Well I got a final response regarding the FBI letter from Cliff Bentz.

Definitely an unexpected response. I partly expected a complete reversal of the opinion and a retraction of the opinion letter. Maybe the NICS division hasn't been cleaned out in the wake of Pro 2A.

Reading between the lines here, it indicates the opinion that a set-aside in Oregon doesn't always restore firearm rights under Oregon law. We of course believe this incorrect, especially with the Oregon COA opinion earlier this year, which we are citing to in our case. Hopefully we get a favorable ruling soon and will have additional case law to lean on going forward.

This response does make me wonder if the FBI's opinion is actually different with a set-aside AND a firearms rights restoration, absent of a court ruling.

View attachment 2096094

we should be hearing something back by next week in the way of a response or your case ?

 

[MrJoshuaYoder]

we should be hearing something back by next week in the way of a response or your case ?

May 27th is listed as the due date for the states response to our Cross MSJ. Assuming they respond on time…

I doubt they will respond early.

The MSJ hearing is scheduled 7/31 but I'm hoping we can move it up and have that sooner.

 

[MrJoshuaYoder]

we should be hearing something back by next week in the way of a response or your case ?

May 27th is listed as the due date for the states response to our Cross MSJ. Assuming they respond on time…

I doubt they will respond early.

The MSJ hearing is scheduled 7/31 but I'm hoping we can move it up and have that sooner.

Well I checked this morning and this wasn't there, found this about an hour ago.

Looks like they are trying to delay.
I'll reach out to my attorney in the morning to get details on this, the specifics and how we are going to respond.

I'd like to ask the court to deny their motion AND move the timeline up.

 

[IHaveAsthma]

I called the FFL on May 18th which was the 60th day of this "pending/delayed" case. The FFL pretty much told me it's out of their hands and got a manager who stated they "Left a message but got no response." It's now been an additional 4 days and I've heard nothing. Im going to go get a refund.

 

[MrJoshuaYoder]

Well I checked this morning and this wasn't there, found this about an hour ago.

Looks like they are trying to delay.
I'll reach out to my attorney in the morning to get details on this, the specifics and how we are going to respond.

I'd like to ask the court to deny their motion AND move the timeline up.

View attachment 2096475

Apparently one of the states attorneys had some personal issues and requested a delay in responding. However, it won't impact the deadline for the case hearing since that's at the end of July. Probably can't get that sooner, because the courts suck. Anyway, will update the response as soon as available and then the long wait until 7/31.

 

[JoshFromSalem]

Apparently one of the states attorneys had some personal issues and requested a delay in responding. However, it won't impact the deadline for the case hearing since that's at the end of July. Probably can't get that sooner, because the courts suck. Anyway, will update the response as soon as available and then the long wait until 7/31.

Thank you for the update

 

[MrJoshuaYoder]

Looks like the State replied yesterday! Only 1 day late!
Waiting on my attorney to send me a copy of what they filed. Will post soon!