Oregon Osp and expungement rule

[1A-2A]

This sounds like good news.

Good luck on the 25th, looking forward to hearing how it went.

 

[MrJoshuaYoder]

In semi-related and sort of hilarious news: Part of OSP's argument that we don't get our 'Federal Firearms Rights' back is that they claim people with set-asides don't have jury rights restored until after 15 years has passed. The judge of course on 7/31 disagreed with that completely. The judgement hearing is on 9/25 as I posted previously. Today I received a jury summons. I very happily filled it out, and of course checked that box answering 'NO' to the "Have you ever been convicted" questions.

Glorious feeling and absolutely epic timing.

 

[circle_shooter]

Good news (for me), LGS just called and told me my BGC was approved. I have to fill it out again since it's been over 30 days.
I can't help but feel like this is related to your lawsuit Mr. Yoder.
If anyone else has been waiting on a delayed status it might get approved soon.

 

[brycejohnson]

Good news (for me), LGS just called and told me my BGC was approved. I have to fill it out again since it's been over 30 days.
I can't help but feel like this is related to your lawsuit Mr. Yoder.
If anyone else has been waiting on a delayed status it might get approved soon.

Congrats! If I may ask what was your situation? Did you have a set aside of a felony?

 

[circle_shooter]

Congrats! If I may ask what was your situation? Did you have a set aside of a felony?

Felony conviction (plea deal) when I was 17 in 2001. Expungement/set aside in 2020. It was from a different state so OSP couldn't unseal it which is probably why it was delayed and not denied.

 

[HappiIsAWarmGun]

Any updates Mr Yoder?

 

[DrNerfarious]

Thanks for posting the judgement on your linktree Josh!

 

[DrNerfarious]

Thanks for posting the judgement on your linktree Josh!

Too bad it doesn't apply to "similarly situated individuals", but at least it demands changes at an institutional level.

 

[MrJoshuaYoder]

Too bad it doesn't apply to "similarly situated individuals", but at least it demands changes at an institutional level.

Final judgement will be available soon, the one posted is the draft. I was hoping for the signed final judgement this week, but so far nothing. Next week hopefully.

While this doesn't apply to "similarly situated individuals" via declaratory relief, if they appeal (which I expect), and we win again, it's precedent.

Absent of that, my case is still able to be cited in additional lawsuits, and Marion county should have to follow the ruling in my case.

 

[HappiIsAWarmGun]

Thank you for the update!

 

[IHaveAsthma]

Good news (for me), LGS just called and told me my BGC was approved. I have to fill it out again since it's been over 30 days.
I can't help but feel like this is related to your lawsuit Mr. Yoder.
If anyone else has been waiting on a delayed status it might get approved soon.

How long did you wait in total for your BGC?

 

[MrJoshuaYoder]

Update: The final draft judgement orders for the named plaintiffs in the cases have been submitted to the court for signatures. Not sure how long that will take, I'm hoping today so I can get my gun and go to the range tomorrow but we'll see.

I fully expect the state to appeal, oh how I hope they do. That will open the door for statewide relief, and if(when) we win there, it would provide it.

I'll update my Linktree and post another update when I have a signed order and know more!

 

[HappiIsAWarmGun]

Appreciate all your efforts! Thanks for the update!

 

[MrJoshuaYoder]

UPDATE
I just received the SIGNED JUDGEMENT in my case against Oregon State Police! I am so stoked right now! This part is finally over. I will not stop fighting for the rights of people in the same situation.

If you have a set-aside record in Oregon in the last 15 years and have been denied a firearm purchase due to your set aside record: YOU HAVE LEGAL STANDING to SUE OREGON STATE POLICE!

My case is citable in your case if you choose to go down this path. It's taken over a year of fighting to get this win for myself and several others. UNFORTUNATELY we did NOT get declaratory relief for everyone (YET). So in the meantime you can reference my case in your own. Hopefully we're able to take this further, but that can take lots of time.

JUDGEMENT
https://tr.ee/1H76ZvJQut

 

[MrJoshuaYoder]

I went to go get my gun out of "FFL Jail" shortly after the order came through. They put me in pending status again, delayed until 11/24.

I quickly fired off an email, letting them know that I have no criminal record, no legal reason for delay or denial, and that they can't use set aside records to delay or deny me, attached the order and told them to take a look. I also CC'd my attorney on that email. Will be interesting to see how quickly they correct the course.

 

[PiratePast40]

I went to go get my gun out of "FFL Jail" shortly after the order came through. They put me in pending status again, delayed until 11/24.

I quickly fired off an email, letting them know that I have no criminal record, no legal reason for delay or denial, and that they can't use set aside records to delay or deny me, attached the order and told them to take a look. I also CC'd my attorney on that email. Will be interesting to see how quickly they correct the course.

Thank you for continuing the fight.

 

[circle_shooter]

How long did you wait in total for your BGC?

~18 months.

 

[G1GRANDEUR]

congrats man!! your hard work finally paid off. this man deliver!

 

[MrJoshuaYoder]

I went to go get my gun out of "FFL Jail" shortly after the order came through. They put me in pending status again, delayed until 11/24.

I quickly fired off an email, letting them know that I have no criminal record, no legal reason for delay or denial, and that they can't use set aside records to delay or deny me, attached the order and told them to take a look. I also CC'd my attorney on that email. Will be interesting to see how quickly they correct the course.

After a couple emails with my attorney, the email to delayed.docs, and a call today to one of the FICS supervisors: I called my FFL to check and I'm APPROVED!

Not sure exactly what part tipped the scales.

In another note, we FULLY EXPECT OSP to appeal! The current judgements will stand, UNLESS overturned on appeal (HIGHLY DOUBTFUL that will happen).
There is current appeals court rulings they would have to go against to overturn, or do some insane gymnastics. It IS Oregon, so possible, but highly unlikely.

 

[fmvolume86]

After a couple emails with my attorney, the email to delayed.docs, and a call today to one of the FICS supervisors: I called my FFL to check and I'm APPROVED!

Not sure exactly what part tipped the scales.

In another note, we FULLY EXPECT OSP to appeal! The current judgements will stand, UNLESS overturned on appeal (HIGHLY DOUBTFUL that will happen).
There is current appeals court rulings they would have to go against to overturn, or do some insane gymnastics. It IS Oregon, so possible, but highly unlikely.

The CCW case that the County judge ruled in favor of CCW application was appealed to the appeals court by Washington County and Appeals WRONGFULLY sided with Appeals court, and Supreme Court wouldn't take the case. Blatant violation of an Oregon citizen's right and in legal right to get a CCW.