Oregon Osp and expungement rule

[MrJoshuaYoder]

Yes, Mohiadeen.

It's a similar argument to what OSP tried to use in my case where they claimed that the Oregon set-aside didn't change the fact there was a conviction.

I think all of the prohibition laws are stupid and unconstitutional , and need to be gutted. If a person is too dangerous to have their rights, they shouldn't be in society.

 

[fmvolume86]

Yes, Mohiadeen.

It's a similar argument to what OSP tried to use in my case where they claimed that the Oregon set-aside didn't change the fact there was a conviction.

I think all of the prohibition laws are stupid and unconstitutional , and need to be gutted. If a person is too dangerous to have their rights, they shouldn't be in society.

We need Pam Bondi on this bubblegum. I don't think any of the organizations are even aware of the Mohiadeen case, that looks like a huge FEDERAL case that could change the tides of the entire US if it went up Federally. His wasn't set aside, it was reduced to misdemeanor by judge and then expunged. So technically his charge if anything was expunged as a misdemeanor not a felony.

 

[MrJoshuaYoder]

We need Pam Bondi on this bubblegum. I don't think any of the organizations are even aware of the Mohiadeen case, that looks like a huge FEDERAL case that could change the tides of the entire US if it went up Federally. His wasn't set aside, it was reduced to misdemeanor by judge and then expunged. So technically his charge if anything was expunged as a misdemeanor not a felony.

The entire GCA and background check system needs to go. If you're too violent to be in public, you're incarcerated. If you're not mentally fit to be in public, mental institution.

Federally even a misdemeanor if capable of being punishable by more than a year in jail counts as a felony. Bryan Range case as an example.

 

[fmvolume86]

The entire GCA and background check system needs to go. If you're too violent to be in public, you're incarcerated. If you're not mentally fit to be in public, mental institution.

Federally even a misdemeanor if capable of being punishable by more than a year in jail counts as a felony. Bryan Range case as an example.

I totally agree. A mistake in life shouldn't be a life sentence with your rights taken away. We don't lose any of our other rights.
I think we can all agree there are exceptions to Murder, Rape, Violence, or Violence with a weapon...... but any bubbleguming mistake in life that is not violent in nature can be made to strip you of your rights. Sounds to me its nothing more than backdoor gun infringement.

 

[1911Fanatic]

Jesus man, how much money did all this cost you? And can you sue anyone to get it back?

 

[MrJoshuaYoder]

Jesus man, how much money did all this cost you? And can you sue anyone to get it back?

It was a flat fee of $5000
We are suing for attorney fees, so yes, hope to recover that cost. Which is part of why declaratory relief wasn't available. Apparently filing the type of claim we did is what it takes to get attorney fees back, but that also limits the types of relief. Absolutely ridiculous.

Relief for everyone is hopefully where Oregon Court of Appeals comes in. When OSP appeals there, as long as they uphold, we get relief for all. If they don't, then we file to the Oregon Supreme Court to uphold the circuit court ruling. Got to love how the legal system drags on while our rights are at stake.

I'm also looking into another suit against Oregon in federal court, to file a section 1983 claim for deprivation of rights under color of law.

 

[DrNerfarious]

Thanks for taking point on this.
With your good judgement in hand setting aside any contrary agency practice,
I reapplied on Saturday and got put into delayed status again.
My transfer agent gave me this number to call +1 (503) 378-3070 the OSP
I called on Saturday and again on Thursday AM and left a message.
Approval came through about 3 hours later on the first application from 9 months ago, and since I'd reapplied within the last 30 days, no more delays.

I'd like to raise a drink to
Mister Josh "I fought for the law and my lawyer won" Yoder.

 

[MrJoshuaYoder]

Thanks for taking point on this.
With your good judgement in hand setting aside any contrary agency practice,
I reapplied on Saturday and got put into delayed status again.
My transfer agent gave me this number to call +1 (503) 378-3070 the OSP
I called on Saturday and again on Thursday AM and left a message.
Approval came through about 3 hours later on the first application from 9 months ago, and since I'd reapplied within the last 30 days, no more delays.

I'd like to raise a drink to
Mister Josh "I fought for the law and my lawyer won" Yoder.

That's awesome to hear! It sounds like maybe they finally got the memo

My attorney told me last week that OSP might not appeal after all. We will know for sure on 11/11

Also apparently even though Judge Geyer didn't grant declaratory relief, he did say that further violations he will sanction OSP.

Maybe they don't want that.

Again, so glad to hear of another delay reversed! Congratulations

 

[jghaws]

That's awesome to hear! It sounds like maybe they finally got the memo

My attorney told me last week that OSP might not appeal after all. We will know for sure on 11/11

Also apparently even though Judge Geyer didn't grant declaratory relief, he did say that further violations he will sanction OSP.

Maybe they don't want that.

Again, so glad to hear of another delay reversed! Congratulations

i was denied about a year ago . i was the guy sitting behind you at the court house . well friday i was at the gun shop i part time work at .i was offered a m1 carbine for a really cheap price .i already have a denied on my record and really dint want a second one but really wanted to buy the m1 my dad has always wanted one and has cancer so i decided to try and buy it anyways knowing they would just delay me .everyone in the gun shop knows my story so we were all watching it i was 29th in line and when my number came up it was instant approval. that would not have happend if you and the rest of the guys that sued OSP dint do that .so i just wanted to say thank you ! even thought judge geyer dint grant declaratory relief i still think your case helped all of Oregon . anyone with a long outstanding delay im willing to bet if you resummit it will probbly go through now .

 

[HappiIsAWarmGun]

i was denied about a year ago . i was the guy sitting behind you at the court house . well friday i was at the gun shop i part time work at .i was offered a m1 carbine for a really cheap price .i already have a denied on my record and really dint want a second one but really wanted to buy the m1 my dad has always wanted one and has cancer so i decided to try and buy it anyways knowing they would just delay me .everyone in the gun shop knows my story so we were all watching it i was 29th in line and when my number came up it was instant approval. that would not have happend if you and the rest of the guys that sued OSP dint do that .so i just wanted to sat thank you ! even thought judge geyer dint grant declaratory relief i still think your case helped all of Oregon . anyone with a long outstanding delay im willing to bet if you resummit it will probbly go through now .

Thank you for posting! This gives hope to many!

 

[MrJoshuaYoder]

i was denied about a year ago . i was the guy sitting behind you at the court house . well friday i was at the gun shop i part time work at .i was offered a m1 carbine for a really cheap price .i already have a denied on my record and really dint want a second one but really wanted to buy the m1 my dad has always wanted one and has cancer so i decided to try and buy it anyways knowing they would just delay me .everyone in the gun shop knows my story so we were all watching it i was 29th in line and when my number came up it was instant approval. that would not have happend if you and the rest of the guys that sued OSP dint do that .so i just wanted to say thank you ! even thought judge geyer dint grant declaratory relief i still think your case helped all of Oregon . anyone with a long outstanding delay im willing to bet if you resummit it will probbly go through now .

Yeah, I remember you, thank again for showing up to support the cause. That's so awesome, super glad to hear you got approved too!
I think you might be right, we might have toppled their house of cards.

Hopefully that's the case.

In the event we didn't fix it for everyone yet: Anyone else that does get delayed should absolutely appeal it, and if anyone in the same boat gets denied then my case is able to be cited and Geyer will sanction them.

 

[MrJoshuaYoder]

Yeah, I remember you, thank again for showing up to support the cause. That's so awesome, super glad to hear you got approved too!
I think you might be right, we might have toppled their house of cards.

Hopefully that's the case.

In the event we didn't fix it for everyone yet: Anyone else that does get delayed should absolutely appeal it, and if anyone in the same boat gets denied then my case is able to be cited and Geyer will sanction them.

MASSIVE UPDATE:

Just talked to my attorney to let him know about the other successes.
He has informed me "OSP is not appealing the victory and they're internally changing their entire policy consistent with our judgment."

We won! Everyone is good!

 

[HappiIsAWarmGun]

MASSIVE UPDATE:

Just talked to my attorney to let him know about the other successes.
He has informed me "OSP is not appealing the victory and they're internally changing their entire policy consistent with our judgment."

We won! Everyone is good!

YES,YES,YES!
Thank you Mr Yoder!!

 

[Asavage270]

MASSIVE UPDATE:

Just talked to my attorney to let him know about the other successes.
He has informed me "OSP is not appealing the victory and they're internally changing their entire policy consistent with our judgment."

We won! Everyone is good!

Wanted to personally thank you for the time, money, and effort you put into this win for the 2A community. You guys are awesome!

 

[JoshFromSalem]

MASSIVE UPDATE:

Just talked to my attorney to let him know about the other successes.
He has informed me "OSP is not appealing the victory and they're internally changing their entire policy consistent with our judgment."

We won! Everyone is good!

This is awesome.. might give it another try and see what comes of it .

 

[MrJoshuaYoder]

This is awesome.. might give it another try and see what comes of it .

Not sure exactly when OSP will have it fully sorted for everyone, it took about 5 days from me getting my judgement before I was good.
My attorney didn't give an exact date. It might be all good now, it might be a few days.
If you get delayed or denied you can always appeal it, and call the FICS Supervisors/Manager.

I'd expect it should be all good probably by next week. Unfortunately OSP doesn't keep things updated so it's hard to know for sure.

 

[DrNerfarious]

MASSIVE UPDATE:

Just talked to my attorney to let him know about the other successes.
He has informed me "OSP is not appealing the victory and they're internally changing their entire policy consistent with our judgment."

We won! Everyone is good!

Yes. This :
"
III. REMEDY
19 A. Set-Aside and Remand
20 Pursuant to ORS 183.484(5), the Court SETS ASIDE OSP's
21 challenged position and REMANDS to OSP for further action consistent
22 with this Order and must comply no later than 14 days from entry of this
23 Order.
"
It has been 14 days so they should have fixed their policies.

 

[HappiIsAWarmGun]

Emailed this morning:
[email protected]
Provided:
NTN# (17Mos.and waiting)
Name
Date of Birth
Phone number

Asked "What would the response be, considering the changes in the OSP background check methods, if I attempted a firearm purchase today."

They responded within a few hours and the response was: that they would need to research anything else in my record (nothing)and if clear, that all would be fine.
There was no mention of expungements or set asides.

I'm pretty sure they're following the law again.
At least on this particular subject.

 

[HappiIsAWarmGun]

Emailed this morning:
[email protected]
Provided:
NTN# (17Mos.and waiting)
Name
Date of Birth
Phone number

Asked "What would the response be, considering the changes in the OSP background check methods, if I attempted a firearm purchase today."

They responded within a few hours and the response was: that they would need to research anything else in my record (nothing)and if clear, that all would be fine.
There was no mention of expungements or set asides.

I'm pretty sure they're following the law again.
At least on this particular subject.

And once again, I am incredibly grateful to Mr Yoder.

 

[ruger757]

Mr. Yoder , I would like to thank you for your efforts a getting this changed. My son had his records expunged over a year ago and has tried to purchase a firearm numerous times, but was always denied. He tried again this past week and was approved.
I would personally like to help you out with the cost of this and also feel that everyone that has benefited from this judgement should do the same.