Oregon Osp and expungement rule

[Antipreps]

Congratulations. So in the mean time just buy nfa items.

 

[pharow]

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!

I apologize but Im terrible with understanding the whole "named plantiffs" and the Declaratory Relief

 

[MrJoshuaYoder]

I apologize but Im terrible with understanding the whole "named plantiffs" and the Declaratory Relief

Declaratory Relief would mean that it covers everyone. Right now, unfortunately it doesn't.
Named Plaintiffs are the parties that filed the lawsuits against OSP, specifically named in the complaints.

 

[MrJoshuaYoder]

I'd like to also give a huge shoutout to those that showed up in support today!
There were a couple from on here, so I wanted to say Thank you!

 

[IHaveAsthma]

Congratulations!
That's amazing news! You will have to update us on how long it takes them to approve you now.
Also, how would this get the declaratory relief exactly? Is there anything we can do to help with that? I'm just not familiar with that whole process.

 

[jghaws]

congratulations !!!!! i did not relize that it dint cover everyone . it seamed so apparent the judge new what they were doing was wrong . they even seamed like they knew what they were doing was wrong . and you guys proved them wrong .( this is John one bench behind you )

 

[brycejohnson]

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!

Gongrats! I hope we get Declaratory Relief soon been patiently waiting.

 

[MrJoshuaYoder]

congratulations !!!!! i did not relize that it dint cover everyone . it seamed so apparent the judge new what they were doing was wrong . they even seamed like they knew what they were doing was wrong . and you guys proved them wrong .( this is John one bench behind you )

Yeah that was something I talked to Wallace about afterward, the judge very much knew that OSP has been doing wrong, which is why he ruled for us. I was initially hopeful that when Wallace asked if he could put the specific quote of the Judge's opinion regarding what the Set-Aside does restore in the judgement, and the judge said yes, that might have covered it. However, we needed the Declaratory Relief part for it to cover everyone. The ruling does make it very clear for anyone in the future though.

The state had argued against Declaratory Relief, because we brought an APA claim, and not a 2A claim. The judge didn't want to rule for that, likely because the state might have been right on that argument of "Only one remedy in an APA claim".

In the event the state appeals to the court of appeals, which we suspect they will, and the COA rules for us and affirms the courts ruling, then we've set precedence and it will cover everyone!

Also I agree, it seemed like the states attorneys didn't even believe what they were arguing. The even seemed to have anticipated being defeated.

 

[MrJoshuaYoder]

Congratulations!
That's amazing news! You will have to update us on how long it takes them to approve you now.
Also, how would this get the declaratory relief exactly? Is there anything we can do to help with that? I'm just not familiar with that whole process.

It will take probably another almost 30 days before the judgement is finalized and I go down to do a transfer. I'm also going to make sure my prior denial is updated to Approved before I try. I'll keep you posted.

The judge was hesitant to rule on Declaratory relief. I suspect it might have been a possible harm to the case had he ruled for that too. Might have given the state grounds for an additional appeal. However, the state will likely appeal our win, and if that happens and we prevail again in the court of appeals, we set a state precedence.

 

[MrJoshuaYoder]

Gongrats! I hope we get Declaratory Relief soon been patiently waiting.

I hope so too, unfortunately it's a waiting game now to see if they appeal. We'll need the Court of Appeals to affirm us at this point.

 

[baconstrips27]

This is great news! @MrJoshuaYoder what do you think the likelihood is that you will win the appeal if that happens?

I'm so excited for this to be over. Thank you for fighting for all of our rights.

 

[Antipreps]

It's weird your denial is still in the system. After 30 days the transfer just goes away. That's how you can have someone else go into the FFL and do a new transfer for the same items

 

[MrJoshuaYoder]

This is great news! @MrJoshuaYoder what do you think the likelihood is that you will win the appeal if that happens?

I'm so excited for this to be over. Thank you for fighting for all of our rights.

I'm cautiously optimistic about the Oregon Court of Appeals. They ruled in favor of Measure 114, which is now being argued in the Oregon Supreme Court.

Another similar case to our set-aside issue, related to ORS 166.274 restorations, is currently in Oregon Court of Appeals. The outcome of that will speak closer to how they may look at our case.

The plain text of the law is very clear here however, and ambiguous text or interpretations should be sided for the people.

Ultimately time will tell.

I'd be very shocked if Oregon did not file an appeal.
I expect it.

 

[MrJoshuaYoder]

It's weird your denial is still in the system. After 30 days the transfer just goes away. That's how you can have someone else go into the FFL and do a new transfer for the same items

The denial stays in the system, and if you attempt to purchase later, the previous denials against you can cause delays. They will see the denial and want to investigate WHY there was a previous denials. They might fall off after 5 years, as that's how long they hold background check and transfer data for.

I believe the "30 days" for releasing an item to be sold again is due to being able to appeal the denial and provide time for a change so you still have the item. I'm not an FFL so I'm not certain on that.

What I do know is that several months after I filed my suit, Oregon submitted my denial into evidence and argued that it was valid. They still had record of it.

 

[baconstrips27]

Congratulations. So in the mean time just buy nfa items.

What are nfa items and why is purchasing them different?

 

[Antipreps]

What are nfa items and why is purchasing them different?

Full auto, sbr, cans.. Etc

 

[baconstrips27]

Full auto, sbr, cans.. Etc

Oh ok. I'm guessing those only go through FBI and OSP isn't involved is why?

 

[fmvolume86]

Yes the above is correct, that in a set aside case, or what would be considered a set aside in oregon, from another state, the right to own or posses a firearm without consequences of FIP are valid. However LTC, requires different avenues and this is where if the plantiff ever had a conviction reguardless of it being dismissed or expunged afterward, or even the charge itself can get you denied for a ltc, the police can take it into consideration before denying, or approving the plantiff oppose to the standard law that is more relaxed. Its biased its wrong it leaves the power to the police depts to choose who over a general law that fits everyone etc

Mohiadeen case State Appeals court wrongfully sided with Washington County. Remember Washington County court ruled in favor of Mohiadeen given that his case was overturned by a court in California to misdemeanor and expunged. So it was no longer a felony on record and then expunged from misdemeanor. Case was pushed to State Supreme Court and they refused to even entertain it.

FPC and any other organization needs to get a hold of this case because this is some huge civil rights violation right here.

 

[MrJoshuaYoder]

Oh ok. I'm guessing those only go through FBI and OSP isn't involved is why?

Full Auto and SBR?SBS unfortunately have the ATF check for the NFA part and then an additional OSP check because it's an actual firearm. Suppressors are ATF only.

 

[baconstrips27]

As long as your FBI NICS report is actually clear then you're good. I've heard of a few cases where OSP either took a really long time to update FBI or might have been trying to avoid that. With mine, my attorney had to remind OSP to update the FBI to clear my prohibitors in NICS.

I've purchased 2 of them after being denied by OSP for a firearm.
OSP Denied my firearm in July, I then purchased suppressors in September and October.

I went through a shop that used Silencer Shop and once I certified I cleared ATF eForm 4 in 4 days on the first and 2 days on the second. Those results may vary as far as times.

How would I go about making sure my FBI NICS is clear after my expungement? Pay $18 and get a background check from the FBI? I'm wondering how all of this would affect my expungement process since my order was signed after all this BS started. Seems likely with all this that OSP would just not do bubblegum they are supposed to do…

Another question I have, would I need to confirm my NCIS is clear before I try to go shooting? Or like keep a copy of my signed order with me? My understanding is that as soon as the order is signed my rights are restored, but I am hesitant and don't want to get hemmed up over it.