Oregon Osp and expungement rule

[circle_shooter]

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.

Well that's nice.
Might buy a suppressor for my 300 black out from the shop holding my rifle in purgatory.

 

[tdemore1743x]

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.

I can't speak for OR, but here in WA I had to have my rights restored after 2022 due to a law they passed; unsealing juvenile records which in turn made me ineligible.
Took about 6mo from payment to get the signed orders, and then it took another two weeks before purchasing/running another 4473 to ensure my stuff was properly in the system.
Edit: I was told to keep the signed orders on my person for 2wks as well just in case, I still do even now almost half a year later

 

[baconstrips27]

I can't speak for OR, but here in WA I had to have my rights restored after 2022 due to a law they passed; unsealing juvenile records which in turn made me ineligible.
Took about 6mo from payment to get the signed orders, and then it took another two weeks before purchasing/running another 4473 to ensure my stuff was properly in the system.
Edit: I was told to keep the signed orders on my person for 2wks as well just in case, I still do even now almost half a year later

Ok cool thanks for the pointer to keep the papers with me.

My question is specific to Oregon due to all this OSP BS

 

[baconstrips27]

What is a 4473? Sorry still a noob to much of the lingo here yet

 

[MrJoshuaYoder]

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.

To confirm you're NICS clear, yes you would do the background check from the FBI. You can do the slower send fingerprint's in method, or if you're impatient like me, you can pay a little more for a Channeler. I've used Fieldprint before and they are pretty fast.

I wouldn't worry too much about being NICS clear before you go shooting. I'd be more concerned about making sure it's clear from the state records search. Once you look yourself up and you don't see the set-aside items anymore I wouldn't be too worried. From the time you get your Signed Set-aside order though, until the state search is clear, carrying the signed order isn't a bad idea. Making sure you're NICS clear only matters if you were to get stopped by a federal agent and ran, which I really doubt would be the case. Most of the time it's going to be a State/County/City cop running you to check for whatever, like at a traffic stop or something.

That's just my opinion, and of course carrying a copy of your set-aside order until your NICS clear probably wouldn't hurt.

 

[MrJoshuaYoder]

What is a 4473? Sorry still a noob to much of the lingo here yet

4473 is the ATF background check form you fill out when you do a firearm transfer/purchase.

 

[baconstrips27]

To confirm you're NICS clear, yes you would do the background check from the FBI. You can do the slower send fingerprint's in method, or if you're impatient like me, you can pay a little more for a Channeler. I've used Fieldprint before and they are pretty fast.

I wouldn't worry too much about being NICS clear before you go shooting. I'd be more concerned about making sure it's clear from the state records search. Once you look yourself up and you don't see the set-aside items anymore I wouldn't be too worried. From the time you get your Signed Set-aside order though, until the state search is clear, carrying the signed order isn't a bad idea. Making sure you're NICS clear only matters if you were to get stopped by a federal agent and ran, which I really doubt would be the case. Most of the time it's going to be a State/County/City cop running you to check for whatever, like at a traffic stop or something.

That's just my opinion, and of course carrying a copy of your set-aside order until your NICS clear probably wouldn't hurt.

Okay I searched myself in the state records link you sent and all is shows is some closed parking tickets from years ago.

I am so excited, been years since I have been shooting. Now, im going to go this weekend!!

Thanks for your insights @MrJoshuaYoder

 

[TonyJ]

Thank you for the updates Josh. I was very close to joining you in the courtroom on Thursday, work had to take priority. Congrats on the win, looking forward to the next update.

 

[Mark4ybar]

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.

So what happen any good news

 

[MrJoshuaYoder]

So what happen any good news

Https://www.northwestfirearms.com/threads/osp-and-expungement-rule.483261/post-4162466

TLDR: Judge ruled for the named plaintiffs, did not grant declaratory relief due to the type of claim. If OSP appeals (we suspect and hope they will) and we prevail in COA it covers everyone.

Once I get a copy of the judgement I will post it on my Linktree.

Until we have declaratory relief/precedence the winning case(s) can be cited in additional suits to make getting a win easier.

 

[Okiefied]

Hi i wanted to help make people aware that osp and the fbi are no longer allowing people with expunged record to buy firearms. I found out after winning an auction for a pistol i got it in and after having my bg denied i went down to osp and was told this information and was also told.it was the feds who denied me. I did the appeal and got a letter saying it was not them but the state. I talked with my lawyer and he stated that he has had many past clients coming back with this issues i also talked with a gun rights lawyer down in medford and they are trying to go after the state for it. No gun shop i have dealt with knew about this. I am just wanting to throw this out here and get more people aware of it and not lose hundreds of dollars on a purchase due to it. You can still own firearms but not buy them also if you have a chl you could have it revoked with having the denial.

You'll need a Governor's pardon. Quick & easy. Only took me 55 years.

 

[MrJoshuaYoder]

You'll need a Governor's pardon. Quick & easy. Only took me 55 years.

That's not entirely correct. There have been extensive updates to this thread since that original post. I recommend reviewing.
While a Governor's pardon is one avenue for relief, OSP's argument hinges on multiple conflated logical errors, and it's by no means the only solution.

The short version is, we've taken them to court and won on the Circuit Court level. Unsure if we will get to the COA at this time, however that would provide blanket relief for everyone provided we won again there. It would set a precedence.

Barring that, in the meantime, anyone in the same situation can file a state suit and cite mine and/or the other plaintiffs lawsuits from the recent win. I'll be posting the judgement as soon as it's signed. This would be in Marion County where they should be effectively locked in on the Circuit Court ruling at this point.

Other than that, a Federal Restoration of Rights, under the US DOJ Pardon office would also overrule the erroneous interpretation that OSP is using for these denials. For the first time in 30+ years, that avenue is open again.

 

[Antipreps]

Do you got a ball park what it'll cost to sue? Also now you have won, have you been successful in doing transfers.?

 

[MrJoshuaYoder]

Do you got a ball park what it'll cost to sue? Also now you have won, have you been successful in doing transfers.?

I put up $5000 initially to sue OSP. We are seeking reimbursement, but that doesn't help with the initial effort.
The high upfront cost is why I've been trying to get relief for everyone.

While I have won, I'm waiting on the signed judgement from the judge before I attempt a transfer, because I want to ensure that OSP FICS Unit has gotten the memo, and that I can submit an appeal with the judgement if they screw around the first time.

 

[Okiefied]

That's not entirely correct. There have been extensive updates to this thread since that original post. I recommend reviewing.
While a Governor's pardon is one avenue for relief, OSP's argument hinges on multiple conflated logical errors, and it's by no means the only solution.

The short version is, we've taken them to court and won on the Circuit Court level. Unsure if we will get to the COA at this time, however that would provide blanket relief for everyone provided we won again there. It would set a precedence.

Barring that, in the meantime, anyone in the same situation can file a state suit and cite mine and/or the other plaintiffs lawsuits from the recent win. I'll be posting the judgement as soon as it's signed. This would be in Marion County where they should be effectively locked in on the Circuit Court ruling at this point.

Other than that, a Federal Restoration of Rights, under the US DOJ Pardon office would also overrule the erroneous interpretation that OSP is using for these denials. For the first time in 30+ years, that avenue is open again.

Thanks.

I was being a little facetious in pointing out how long it takes to maneuver the red tape to get back your God given rights.
What's even funnier and ironic is that my pardon was granted by none other than Governor Gavin Newsome, of the great state of Kalifornica.

Good Luck in your endeavors.

 

[MrJoshuaYoder]

Thanks.

I was being a little facetious in pointing out how long it takes to maneuver the red tape to get back your God given rights.
What's even funnier and ironic is that my pardon was granted by none other than Governor Gavin Newsome, of the great state of Kalifornica.

Good Luck in your endeavors.

Gotcha, yes the red tape is insane and the amount of time rights are denied while navigating it is terrible.

Glad to hear Newsome actually granted your pardon! I have a friend that's currently waiting, because he had the wrong expungement done. He got a letter from their office at one point that indicated they were going to move forward. I thought it sounded good because if they had no intent they could have just denied him right there.

That was 9+ months ago.

Did you get any similar initial communication? If so, how long did it take to get the actual pardon approved from when you applied for it?

 

[Okiefied]

Gotcha, yes the red tape is insane and the amount of time rights are denied while navigating it is terrible.

Glad to hear Newsome actually granted your pardon! I have a friend that's currently waiting, because he had the wrong expungement done. He got a letter from their office at one point that indicated they were going to move forward. I thought it sounded good because if they had no intent they could have just denied him right there.

That was 9+ months ago.

Did you get any similar initial communication? If so, how long did it take to get the actual pardon approved from when you applied for it?

In 1969 at the ripe old age of 19, I was convicted of a nonviolent felony and after 4 years in prison was released on parole in 1973. In 1997 I applied for a Certificate of Rehabilitaion and Pardon. I was granted the C.o R. 8 months later. That same year my case was assigned an investigator and things seemed to be moving along for the next year or so. Then things went quiet. In 2006 I called Sacramento to check on the status of my application and was told that my file could not be found. I said "to hell with it" and forgot about it until early in 2022 when I figured I might have a better chance with a different administration. So I gave it another shot and reapplied all over again. For the next 2 years I communicated numerous times with the Board of Parole and governors office. I was granted the pardon in March, 2024. So, from the 2nd application, it took about 2 years.

The moral of the story;

Hang in there.

 

[MrJoshuaYoder]

UPDATE:
I just received the proposed Judgement from my attorney. This still needs to be accepted and signed by the judge. The language is strong, and I'm excited to see this come to fruition!

Unfortunately this order covers myself, and the other plaintiffs have orders reflecting the same.

In the event OSP appeals this to the Oregon Court of Appeals, and we prevail there again, we will set a state precedence.

Once this judgement order is signed and entered however, anyone in a similar situation can cite this in their own case, until we have a precedent set.

Order on MSJ (Yoder).pdf

bit.ly

 

[Okiefied]

UPDATE:
I just received the proposed Judgement from my attorney. This still needs to be accepted and signed by the judge. The language is strong, and I'm excited to see this come to fruition!

Unfortunately this order covers myself, and the other plaintiffs have orders reflecting the same.

In the event OSP appeals this to the Oregon Court of Appeals, and we prevail there again, we will set a state precedence.

Once this judgement order is signed and entered however, anyone in a similar situation can cite this in their own case, until we have a precedent set.

https://bit.ly/4m26yuX[/ [QUOTE="Mr... unfurl="true"]https://bit.ly/4m26yuX[/QUOTE]

Good Luck

 

[MrJoshuaYoder]

Good Morning! A couple of things I want to mention regarding the pending Judgement order.

1) When I was reviewing it, in the initial draft was language ensuring that OSP had to reverse the denials and put them to approvals for transactions denied by using set-aside records as the sole purpose for the denials. In the updated proposed order that explicit language is gone, and it's instead covered within the language talking about "Oregon-originated entries or flags...." including but not limited to NICS/ORI/III/CHRI and LEDS.

While this language is a little more confusing to read, it covers a WHOLE LOT MORE, and prevents OSP from leaving little denial 'grenades' in various systems to trip people up. A lot of time and thought went into this language.

2) This judgement was officially filed with the court on 9/10, and the state filed an immediate objection. There is a judgement hearing scheduled for Sept. 25th. Hopefully the order will be signed on that day. Furthermore I hope that OSP files an appeal, and that the court denies any request to stay the judgement.


Light at the end of the tunnel! Have a great weekend everyone!