Oregon Osp and expungement rule

[greydoor100]

Sealed and expungement from other states have the same effect in Oregon. Because sealed in Oregon is considered a set aside. And as far as Federal FIP, no worrys post 1435 looks to the state of residency for possesion, not just state of conviction for the out of staters here.

 

[MrJoshuaYoder]

UPDATE:
Got an email from my attorney last night, looks like we filed a reply back to the states cross MSJ reply.
Powerful language. I expect the oral arguments to be just as powerful. Looking forward to bringing this to a close and getting a precedent set.

Edit: Now we wait for the hearing, July 31 @ 1:30pm in Marion County. I'll be there in person, and being a public court proceeding, anyone is welcome to attend that's wants to. I don't know that we'll get a ruling right away or what that looks like.

 

[DrNerfarious]

UPDATE:
Got an email from my attorney last night, looks like we filed a reply back to the states cross MSJ reply.
Powerful language. I expect the oral arguments to be just as powerful. Looking forward to bringing this to a close and getting a precedent set.

Now we wait for the hearing, July 31 in Marion County.

Thanks Josh.

 

[pharow]

I heard trump doj announces 2a restoration.will this effect us ?

 

[wired]

I heard trump doj announces 2a restoration.will this effect us ?

Trump does not control stay laws

 

[MrJoshuaYoder]

I heard trump doj announces 2a restoration.will this effect us ?

Technically yes it could.

Oregon DOJ/OSP is CLAIMING that we are still FEDERALLY disqualified. Which is of course wrong, and hopefully in a few days on the 31st we get a positive ruling on the Motion for Summary Judgement and it doesn't matter anymore.

However, if we don't get a positive ruling, or it takes longer, whatever…. If a person were to apply for a federal firearms rights restoration through DOJ, and gets approved, then that could be used to overrule OSP's denial. It would be absolute proof, that "even if Oregons setasides didn't restore the rights, that the federal disqualification has been lifted".

Anyway, hopefully we don't have to go there.

July 31st, 1:30pm Marion County Courthouse, we have the hearing on our case for MSJ to stop OSP from doing this crap.

 

[MrJoshuaYoder]

Trump does not control stay laws

True, but there is no state law that Oregon is using for this. They are making up crap, and claiming that FEDERALLY people with Oregon set asides don't have gun rights back. So if the feds, Trump DOJ, says otherwise, that's binding.

 

[MrJoshuaYoder]

Good Morning everyone,

Just a quick reminder, we are closing in fast on the Hearing on the Motion for Summary Judgement.
This coming Thursday, July 31st, 1:30pm at the Marion County Courthouse. Hopefully the judge rules for us, the people, and we can get some much needed relief.
I'm sure that having a great deal of interested support in the courtroom couldn't hurt, so if you're able to show up and show your support that would be awesome!
That's probably a stretch for most that work, so if you can't make it, just sending prayers , positive energy, etc. is great too.
Regardless of the outcome, I will post updates on here as soon as possible after the hearing.

If we prevail, likely the state will appeal the case to the Oregon Court of Appeals, after which we will probably end up in the Oregon Supreme Court.
This is just the beginning, but there's a light at the end of the "Current Tunnel".

Let's have a great week, we're almost there.

 

[baconstrips27]

Looking forward to hearing your updates @MrJoshuaYoder. I am in a similar situation, just had my expungement processed recently. Order was signed in December 24 and took until last month for the court to provide the signed order to my attorney. I have been following this forum for awhile and just became a member.

Thank you for all you are doing on this matter!

 

[CountryGent]

Welcome to NWFA @baconstrips27. Best of wishes with your endeavors.

 

[circle_shooter]

If we prevail, likely the state will appeal the case to the Oregon Court of Appeals, after which we will probably end up in the Oregon Supreme Court.

If it is ruled in our favor will there be immediate relief or will that not come until the appeals process is over?

 

[MrJoshuaYoder]

Looking forward to hearing your updates @MrJoshuaYoder. I am in a similar situation, just had my expungement processed recently. Order was signed in December 24 and took until last month for the court to provide the signed order to my attorney. I have been following this forum for awhile and just became a member.

Thank you for all you are doing on this matter!

The process does unfortunately take quite a bit of time.

Welcome to the forum!

 

[MrJoshuaYoder]

If it is ruled in our favor will there be immediate relief or will that not come until the appeals process is over?

I'm hoping we get immediate relief. Until the judge actually rules though, there's no way to know.

I have a hunch that if the court rules in our favor, the state may request the court to stay the ruling pending appeal. If that does happen, I hope the court denies the request. I know of other cases where that did happen. All we can do is hope at this point.

 

[pharow]

Hope everything goes good tomorrow.

 

[baconstrips27]

Hope everything goes good tomorrow.

Me too!

 

[baconstrips27]

Welcome to NWFA @baconstrips27. Best of wishes with your endeavors.

Thanks! @CountryGent

 

[bionic knees]

Give em hell!!

 

[baconstrips27]

Good luck today!!! @MrJoshuaYoder

 

[rhollister71]

good luck today hope it works in your favor!

 

[MrJoshuaYoder]

Well folks, I have an update!
There's good news and bad news. Let's unpack it.

The good:
Judge Geyer ruled that Oregon Set Asides do in fact restore firearm rights and the right to sit on a Criminal or Grand Jury! He also ruled that the denials for the named plaintiffs shall be reversed and set to Approved!

The Bad:
We did NOT get Declaratory Relief, so this does NOT extend to everyone. Yet.

———
It will take about 30 days for the judgement, and I'll post on my Linktree once I have it.

If the state appeals this, which they likely will, and the court of appeals affirms our position, then it becomes binding precedent and covers everyone. We're not there yet, but it's a damn good start. I'm not done fighting!