Oregon Osp and expungement rule

[MrJoshuaYoder]

Isn't it awesome that we give billions of dollars and weapons to other countries to kill people, yet you and I get F-ed over?

Yep. The entire premise of all this regulation is unconstitutional anyway, but alas, that's another fight.
The really frustrating part is that I could move anywhere else in the country and have zero problems purchasing. I believe I mentioned this in my original post and/or my profile, but I've also purchased a couple suppressors and cleared ATF in a couple days each time. It's disgusting and very frustrating that I can clear an NFA item but not a Firearm Transfer, all because OSP wants to play tyrant.

Once this OSP battle is done, I will continue fighting however I can to assist in the dismantling of all these infringements.
I can only do one battle at a time though.

 

[caitlin]

Yep, I got the run around from OSP as well, they aren't listening to logic. They cited one of my set-aside charges, and told me I had to wait 15 years from the date of conviction (Which legally isn't a conviction anymore, but we know that), because there's a provision under the Oregon constitution about 15 years.

They are operating outside of the law by direction, I believe, of our AG. The timing of this happening when they were denied the motion to stay the injunction on 114 is not a coincidence. This is some fancy legal contortionist BS.

When they told me to call the FBI I told them I was going to call my attorney. That's exactly what I did.

We will get relief and this will be sorted out, eventually. If I have to go all the way to SCOTUS I will. While I was able to shell out the cost for the attorney and bring a state fight, if I have to bring a case federally also I'm not sure how I will swing that one. I may have to do a GoFundMe or see if I can get NAGR/GOA/FPC involved. I did reach out to FPC when I assumed it was only a state level issue.

I have reached out to Cliff Bentz as well to see if he can get traction on the Federal side, and compel the FBI to recant the letter, and follow the law. I'm still waiting to hear back, and I just called his office a little bit ago to check in.

Additionally with the new administration coming next year, we have some very pro-2A power hitters coming into various positions. I'm not going to count on that just yet, and that will take time too. However, we may witness all the infringements just melt away over the next year or so. Time will tell.

I've been considering moving out of Oregon due to the way the state has become. However, I don't want to give up the fight, or lost standing. I want to beat OSP badly in court, not just for me, but for everyone.

We shouldn't have to have spouses give us gifts, or drive to Idaho to purchase Rifles/Shotguns.

Yes! I appreciate you so much!

 

[pharow]

Yep. The entire premise of all this regulation is unconstitutional anyway, but alas, that's another fight.
The really frustrating part is that I could move anywhere else in the country and have zero problems purchasing. I believe I mentioned this in my original post and/or my profile, but I've also purchased a couple suppressors and cleared ATF in a couple days each time. It's disgusting and very frustrating that I can clear an NFA item but not a Firearm Transfer, all because OSP wants to play tyrant.

Once this OSP battle is done, I will continue fighting however I can to assist in the dismantling of all these infringements.
I can only do one battle at a time though.

Any updates?

 

[MrJoshuaYoder]

Any updates?

Not yet, I will be touching base with my attorney today. Hopefully we will be able to file for a Preliminary Injection quickly and get some immediate relief while this continues through the courts.

 

[MrJoshuaYoder]

Quick Update:
I'm still waiting to hear back from my attorney (David Wallace). I did however get a newsletter email today from the attorney (Jesse Lohrke) that took care of all my set-asides. I know that he and a few other attorneys have been consulting with David on the case. This effort is growing legs, however, based on the newsletter I received we are going to need more named plaintiffs.

The excerpt from the email that stands out is this:
--
Potential Litigants Needed (If you are interested please read carefully)

The attorneys working on this issue have not been able to create a class-action lawsuit at this point. Therefore, litigation of the issue is depending on individual plaintiffs who are willing to fund the litigation.

Several litigants are needed to join as plaintiffs in one or two additional lawsuits. These ideal plaintiffs will be people who have had their records set aside or expunged and either have been denied a firearm purchase or would like to purchase a firearm but expect to be denied under this new OSP policy.

The attorneys involved in this issue are giving a lot of time, but the litigation is expensive, and litigants will have to fund the cases with the hopes of getting attorney's fees refunded through the litigation. To be clear, Lohrke Law is not litigating the civil cases at this point, but we are working with the attorneys who are the experts in civil lawsuits against the State.

We know that a lot of people are interested in joining lawsuits, but if you are fortunate enough to be able to help fund the litigation, please let us know. If we have already talked, we have your name, but we will need to hear back from you that you are still interested in suing the Oregon State Police and can put money behind it.
--

As I mentioned before the last time I talked to David he wanted to focus on really building the case for 'Similarly Situated Individuals'
I feel like this is really where the case is heading, as Jesse mentions in his newsletter 'one or two additional lawsuits'. From my last conversation with David, my case is next up to bat so to speak.

If anyone on here that's in the same situation can afford to cover some legal costs and be a named plaintiff, please reach out to David Wallace (https://saleminjury.com/)

I'm going to look into creating a GoFundMe as well to maybe help cover some additional legal fees, maybe help with extra people, and make sure this case has teeth. I need to discuss this with David first to make sure there's no issues with that. If I am able to get that going I'll post info here, maybe create some QR codes, etc. Anyone able to donate to the group cause, would be greatly appreciated, or even if you can't donate but you can help spread the word, maybe help get flyers to FFL's in your areas, etc.

This is going to be a giant grassroots effort to really stand up to the machine and tell Oregon exactly who's boss, We The People!
In the event we are able to do a GoFundMe, I'm thinking any leftover money after the lawsuit will get donated to Firearms Policy, National Association for Gun Rights, and Oregon Firearms Federation.

 

[Marlonsuma]

You can legally possess a firearm (as in shooting a buddys gun at the range, or hunting) but you cannot purchase, right? (In the case of a set aside/expungement)

 

[MrJoshuaYoder]

Yes, you can also be gifted (or given through estate proceedings) firearms from immediate family that don't require a background check.

 

[Marlonsuma]

Thank you for the information!

 

[MrJoshuaYoder]

Thank you for the information!

Furthermore, just to throw this out there, as long as your FBI NICS is clear, as an Oregon resident you can also travel to Idaho and purchase a rifle or shotgun without a problem. I called an FFL there to ask what the process looks like. They only run an FBI NICS check, possible subject to a 3 day wait per Brady. However they do not run an additional State level check, or contact OSP.

Personally that's too far for me to travel for that, but that's something as well. FBI is not blocking these, is Oregon State Police. They already admitted in the Jones case that they are peeking at set-aside records to make these determinations (which is outside of the law).

 

[JoshFromSalem]

Quick Update:
I'm still waiting to hear back from my attorney (David Wallace). I did however get a newsletter email today from the attorney (Jesse Lohrke) that took care of all my set-asides. I know that he and a few other attorneys have been consulting with David on the case. This effort is growing legs, however, based on the newsletter I received we are going to need more named plaintiffs.

The excerpt from the email that stands out is this:
--
Potential Litigants Needed (If you are interested please read carefully)

The attorneys working on this issue have not been able to create a class-action lawsuit at this point. Therefore, litigation of the issue is depending on individual plaintiffs who are willing to fund the litigation.

Several litigants are needed to join as plaintiffs in one or two additional lawsuits. These ideal plaintiffs will be people who have had their records set aside or expunged and either have been denied a firearm purchase or would like to purchase a firearm but expect to be denied under this new OSP policy.

The attorneys involved in this issue are giving a lot of time, but the litigation is expensive, and litigants will have to fund the cases with the hopes of getting attorney's fees refunded through the litigation. To be clear, Lohrke Law is not litigating the civil cases at this point, but we are working with the attorneys who are the experts in civil lawsuits against the State.

We know that a lot of people are interested in joining lawsuits, but if you are fortunate enough to be able to help fund the litigation, please let us know. If we have already talked, we have your name, but we will need to hear back from you that you are still interested in suing the Oregon State Police and can put money behind it.
--

As I mentioned before the last time I talked to David he wanted to focus on really building the case for 'Similarly Situated Individuals'
I feel like this is really where the case is heading, as Jesse mentions in his newsletter 'one or two additional lawsuits'. From my last conversation with David, my case is next up to bat so to speak.

If anyone on here that's in the same situation can afford to cover some legal costs and be a named plaintiff, please reach out to David Wallace (https://saleminjury.com/)

I'm going to look into creating a GoFundMe as well to maybe help cover some additional legal fees, maybe help with extra people, and make sure this case has teeth. I need to discuss this with David first to make sure there's no issues with that. If I am able to get that going I'll post info here, maybe create some QR codes, etc. Anyone able to donate to the group cause, would be greatly appreciated, or even if you can't donate but you can help spread the word, maybe help get flyers to FFL's in your areas, etc.

This is going to be a giant grassroots effort to really stand up to the machine and tell Oregon exactly who's boss, We The People!
In the event we are able to do a GoFundMe, I'm thinking any leftover money after the lawsuit will get donated to Firearms Policy, National Association for Gun Rights, and Oregon Firearms Federation.

I don't have a ton of money but curious how much it would cost to get in on this.

 

[Marlonsuma]

I received that same email from Jesse Lohrke.
I love your idea of a GoFundMe - I am currently unemployed (taking a break from writing code) but I do have a wee bit of savings I am living off, I can possibly throw your way if you get the GFM going. I am not in the position to afford being a part of the litigation, but I can definately drop some coin in your GFM =)

 

[MrJoshuaYoder]

I don't have a ton of money but curious how much it would cost to get in on this.

I'm not 100% sure how David is handling this just yet, I know for my case I paid a flat fee of $5,000. I'm not sure if it's the same cost for additional plaintiffs, it likely would be, but he'd be the best to speak to on that. I'm also not sure if he'd add additional named plaintiffs to one of the existing cases or create new cases and seek to combine them. That's stuff that's all above my knowledge.

I know $5,000 a sizable chunk of change for some people, and there are many people impacted. That's why I'm thinking a GoFundMe might be a cool way for people to help if they want to contribute but can't afford to throw in fully as a plaintiff. Then we might be able to have the strongest cases as named plaintiffs or something. Anyway, I've still got to make sure there's no issue with that before I start one.

 

[Rfritz]

You mentioned going to Idaho to purchase a rifle or shotgun as long as your FBI NICS is clear. couldn't you still do the same thing in Washington or do you think they would reach out to osp? Is there a way we can check our FBI NICS status that you know of?

 

[MrJoshuaYoder]

You probably could in Washington but I know they aren't very firearm friendly and have a bunch of 'Assault weapon' ban stuff. They might try and proxy with OSP as well.

To check your FBI NICS you can request your Identity History Summary through an approved channeler.

Here's a list:

https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/identity-history-summary-checks/list-of-fbi-approved-channelers-for-departmental-order-submissions

I've personally used Fieldprint, schedule and appointment, it's $50, digitally scan your fingerprints at a Kiosk. They say it can take 48 hours, but I often have gotten mine back in 30 minutes. I checked frequently after my set-asides were granted until it came back clear.

There are other ways like getting a fingerprint card and mailing it in, that takes much longer, but also cheaper.

Details here: https://www.fbi.gov/how-we-can-help...d-information/identity-history-summary-checks

 

[1911Fanatic]

My former stepson had a felony as a juvenile for sexual assault. He had to register as an SO. He was told that if he didn;t get in trouble that he could have his record expunged, sealed or whatever. I don't think that happened, as his former address still shows up as having a registered sex offender at that address when you look up sex offender's by zip code.

That was part of what broke me and his mom up. She wanted me to pay for his sex offender treatment, and I refused. I said he can learn his lesson. I should run a background check on him and see if it still comes up. I don't;t think it did get expunged. I don;t think he owns a gun at this point either.

 

[MrJoshuaYoder]

My former stepson had a felony as a juvenile for sexual assault. He had to register as an SO. He was told that if he didn;t get in trouble that he could have his record expunged, sealed or whatever. I don't think that happened, as his former address still shows up as having a registered sex offender at that address when you look up sex offender's by zip code.

That was part of what broke me and his mom up. She wanted me to pay for his sex offender treatment, and I refused. I said he can learn his lesson. I should run a background check on him and see if it still comes up. I don't;t think it did get expunged. I don;t think he owns a gun at this point either.

That sucks. Not really the point of this thread though, unless he got his record cleared and is having trouble with OSP and firearms transfers.

 

[1911Fanatic]

That sucks. Not really the point of this thread though, unless he got his record cleared and is having trouble with OSP and firearms transfers.

My point is that that kind of record really never goes away.

 

[MrJoshuaYoder]

I got the green light to setup a GoFundMe account. For those in a similar situation if you can afford to jump in the fight, reach out to David Wallace @ Wallace Law Firm.

For anyone that wants to help out in the efforts the GoFundMe is here.
If you can donate, awesome. If not, just sharing it and getting the word out would be amazing as well.

Oregon State Police is counting on isolating and dividing us all, we need to band together and fight this. If we don't stand up to this, who will?

I've talked to one FFL/Gun Store in my area, they are willing to let me put up a flier with the GoFundMe and other info. I'm going to check with all of them in Grants Pass, Medford, etc. I'm hoping we can get more around the state as well. If anyone knows any FFL's in their area if you could reach out I would greatly appreciate that. Especially if you're in the same boat and have been denied!

My goal with this fundraiser is to cover the growing costs of litigation including bringing more people into the lawsuit as needed.
We can do this! We can win!

 

[G1GRANDEUR]

I am from WA, but props to you for taking it to next level.

 

[1911Fanatic]

I got the green light to setup a GoFundMe account. For those in a similar situation if you can afford to jump in the fight, reach out to David Wallace @ Wallace Law Firm.

For anyone that wants to help out in the efforts the GoFundMe is here.
If you can donate, awesome. If not, just sharing it and getting the word out would be amazing as well.

Oregon State Police is counting on isolating and dividing us all, we need to band together and fight this. If we don't stand up to this, who will?

I've talked to one FFL/Gun Store in my area, they are willing to let me put up a flier with the GoFundMe and other info. I'm going to check with all of them in Grants Pass, Medford, etc. I'm hoping we can get more around the state as well. If anyone knows any FFL's in their area if you could reach out I would greatly appreciate that. Especially if you're in the same boat and have been denied!

My goal with this fundraiser is to cover the growing costs of litigation including bringing more people into the lawsuit as needed.
We can do this! We can win!

Yeah, I will say this….If someone didn't commit a violent crime or a sexual crime, they should be allowed to get their gun rights back? I had a GF once that had embezzled money from her employer. She did a couple years in prison, and hasn't messed up since. She only told me about it when I was applying to the police department because she figured if they found out about her that it would hurt my chances. She stole a lot of money.

The case with my former stepson was when he was a teenager, he raped a 10 year old boy. I don't think that he got his record expunged. Then my real son told me later that he molested him and never said anything because he feared I would w\ind up in prison. He was right about that.