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I'll give it a try if I don't come up with someone local. It's a good idea. It's still a 3 hour round trip and I'll be charged for time and mileage for depositions, hearings on motions, etc. If the county attorney decides to fight this, he can make it very drawn out and expensive. On the other hand, if we sue for it, they may cave because the law is on my side. I just want my license back with "reasonable" attorney's fees.

This is my first experience with what appears to be a "good ole boy" LEO network and I'll never feel the same about LEO's in general again, unfortunately.

Again, I was hit with three restraining orders in less than a year by a relative who is a LEO and his wife. I won all three outright. The LEO filed a false police report against me and I reported it to the sheriff because I live in the county and now I believe the sheriff wants some pay back for his buddy. I'll never see the world the same again.
 
Is the title correct to this thread? "Question about the right to have a CHL in Oregon"

I don't think anyone has a "right" to have a CHL in Oregon -- it is a privilege that you have to pay for and take classes for.

I do agree that it sounds like you are being denied your CHL for the wrong reasons.
 
Is the title correct to this thread? "Question about the right to have a CHL in Oregon"

I don't think anyone has a "right" to have a CHL in Oregon -- it is a privilege that you have to pay for and take classes for.

I do agree that it sounds like you are being denied your CHL for the wrong reasons.

I hope you're mistaken about that. Oregon is a "shall issue" state and as long as you meet the requirements which I've done, I believe the law requires the sheriff to issue it.
 
I hear this lady is pretty good. Far away though...

<broken link removed>

Greg

Yeah, too far. If the sheriff decides to give me a hard time (I hope he just caves in when I get the right attorney) he has the county attorney and county money at his disposal and could make this really expensive with motions, depositions, etc. If he did and an attorney had to travel for all of that, the time and travel costs would get ugly.
 
I hope you're mistaken about that. Oregon is a "shall issue" state and as long as you meet the requirements which I've done, I believe the law requires the sheriff to issue it.

Well, yes, Oregon is a "Shall Issue" state, but still I don't think it is a right to have a CHL. A right is something you already have. Not something where you need to fill in a form, take a class, give fingerprints, pay a fee, have a background check. Therefore, getting a CHL in Oregon is a privilege, not a right.
 
Update. Today my attorney sent me a brief email saying he is scheduling a phone interview with Jason Short, a Portland attorney recommended by OFF.


166.291 Issuance of concealed handgun license; application; fees; liability. (1) The sheriff of a county, upon a person's application for an Oregon concealed handgun license, upon receipt of the appropriate fees and after compliance with the procedures set out in this section, shall issue the person a concealed handgun license if the person: (and then it lists requirements which I meet.)

-------------------------------

166.295 Renewal of license. (1)(a) A concealed handgun license is renewable by repeating the procedures set out in ORS 166.291 and 166.292, except for the requirement to submit fingerprints and provide character references.

-------------------------------------------------------------

So, if instead of just giving me another license the sheriff wants to call this a "renewal," I'm happy to comply. I'm also willing to pay the $50 "renewal" fee instead of the $15 "replacement" fee as called for in ORS.

---------------------------------------------------------------

I believe that rather than just getting the license back, we'll have to defeat the good ole boys club by taking him to court. The Sheriff spent a fortune of taxpayers' money, losing all the way to the appellate court on that case where he denied a license to the gal who had an Oregon medical marijuana card. The sheriff used the largest law firm in Medford. My experience tells me that a full blown trial with motions, depositions, etc. followed by an appeal to the appellate court can cost as much as $100k. Someone needs to cut his @#$%$ budget.
 
Sorry it's gotten to this point Gunner.
Maybe, when your attorney sends the info about going to court, he should include mention of holding the sheriff liable for fees, court costs, travel time, long distance phone charges etc.

At the same time, send a copy to the county commissioners to inform them of the cost(s) the county is going to incur when the sheriff loses, referencing the "shall issue" verbage from the Oregon statutes.
IOW, go over his head too the people that pay his bills.

IDK, but it might help.

Good luck.
 
Sorry it's gotten to this point Gunner.
Maybe, when your attorney sends the info about going to court, he should include mention of holding the sheriff liable for fees, court costs, travel time, long distance phone charges etc.

At the same time, send a copy to the county commissioners to inform them of the cost(s) the county is going to incur when the sheriff loses, referencing the "shall issue" verbage from the Oregon statutes.
IOW, go over his head too the people that pay his bills.

IDK, but it might help.

Good luck.

Thanks Jamie. We aren't sure yet that we can make him pay attorneys fees. The law says court costs which are miniscule. Since I have an attorney and a very aggressive one, I'm letting him handle it. I will take your idea and ask my attorney if he should CC the commissioners on his first demand letter.
 
Best of luck. I hope you embarass those good old boys and make them look like morons.

I'm not sure where this sheriff is getting money for the myriad of legal fights he's getting in. Maybe some of it isn't his budget either. I thought most government depts were trying to cut costs. Guess I'm wrong.
 
I hope I don't have to embarrass anyone simply because I hope it goes away fast. I'd be really relieved to just get the permit back quietly and easily. However, if there is a real court fight, everyone in the valley here will know it.
 
Well, I still don't have my CHL back but my attorney did get the sheriff's office to "imply" that if I started all over as if I never had one and made full application again, I would "probably" get it back.

I've had that permit since the 70's and the one which was taken from me still had 3 years left on it. I remind that I beat everything in court and everything against me was permanently dismissed. The sheriff should have just given the CHL back.

Yesterday I gave my attorney (the best and most expensive in town, and LEOs and prosecutors hate to see him coming because he usually wins) a complete new app. It's a new app with references. Attached is proof that I just took the CHL safety class again, a receipt for paying for it and a certificate of completion. There's a check for $50 to the sheriff's office.

Recently the Sheriff had his name, the lawsuits he's lost over CHL's, and the cost to the county as the headline in the local paper. I'm hoping he doesn't want more such publicity.

Link "A three-year court battle between the Mail Tribune and Jackson County Sheriff Mike Winters over concealed handgun license public records has cost the county nearly $44,000."

Sheriff and the money trail - this was a headline about all the money the sheriff has spent uselessly in court denying CHLs..

This whole thing sucks, but I hope you all wish me well.
 
Well, I have filed in the Jackson County Circuit Court a lawsuit for $1 million dollars against the police officer and his wife. Between them they filed for three bogus restraining orders and filed at least one false police report against me in just ten months. I outright prevailed against all of them. The RO's are permanently dismissed, and the police report which was bogus was identical in nature to one of the restraining orders I beat.

Because the police report and RO's were filed with "malice," (meaning they knew their claims were false) I'm also going to ask for punitive damages, but you can't do that until the case is well under way. I also should be entitled to recover all of my attorney's fees for everything due to malice, but that's up to the court.

If I don't get that CHL back, there will be another lawsuit.
 
First of all: The Sheriff is an elected official, he is answerable to the written law, and the voters. When he is up for election make sure you do everything in your power to defeat him at the polls. It doesn't take money, it takes leg work.

Second, use the law to your advantage. Here in WA if you are falsely charged with anything, the LEO orginization that falsely charged you gets to pay for your attorney. It seems that with your CHL that may be true, so you might want to check if you can recover your costs so far as to the false RO's/ (you go after the LEO in civil not criminal court to recover your costs)
 
First of all: The Sheriff is an elected official, he is answerable to the written law, and the voters. When he is up for election make sure you do everything in your power to defeat him at the polls. It doesn't take money, it takes leg work.

Second, use the law to your advantage. Here in WA if you are falsely charged with anything, the LEO orginization that falsely charged you gets to pay for your attorney. It seems that with your CHL that may be true, so you might want to check if you can recover your costs so far as to the false RO's/ (you go after the LEO in civil not criminal court to recover your costs)

In the last election, Winters ran unopposed if you can believe that.

I was never charged by a prosecutor. Only a false police report was filed by an off-duty officer. Nothing came of it other than the loss of my good name. It was filed with the sheriff in a transparent attempt to make it hard to get my CHL back.

We will serve the sheriff and "Jane Doe" each with a subpoena duces tecum and depose them on the record, and require them to bring any records they have at all about me, and any records of police reports I don't know about, if any. I say Jane Doe because I didn't get the name of the gal who refused me my CHL. If they don't produce her, I'll go back in there and ID her myself and then subpoena her by name. I'll get complete statements under oath as to what happened to me, and a copy of all records. This is all allowable under "discovery."

This is apart from the current try by my attorney at getting the CHL back. This is the lawsuit against the LEO.
 
If your SIL (reguardless of his being a LEO) filed a false report, he is the one that is liable. (under lible law). As is was not in the performence of his offical duties he will not be able to have the city/county/state defend him. You should be able to recover your costs, maybe more. It is a tort to lible someone, and if that lible costs the libled person reputation or funds, they are recoverable under civil tort law.
 

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