What do you do?

[Doubletap]

What can a person do..if a Sheriff is holding up issuing his CHL..using a juvenile traffic offense as his reason? As far as I understand it..there are specific limits on grounds to not issue. . Unfortunately..the guy is dirt poor..so a lawyer is out of the question.. Any suggestions? NRA..OFF..? I just don't know what to tell him..figured someone here might.. Thanks in advance..

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[ZachS]

I'd start with OFF. But a lawyer might be necessary.

 

[Trlsmn]

What can a person do..if a Sheriff is holding up issuing his CHL..using a juvenile traffic offense as his reason? As far as I understand it..there are specific limits on grounds to not issue. . Unfortunately..the guy is dirt poor..so a lawyer is out of the question.. Any suggestions? NRA..OFF..? I just don't know what to tell him..figured someone here might.. Thanks in advance..

That sucks! Was the traffic offense a felony? If not show the guy the Oregon statutes and ask him which one he is using as the reason to deny. Remember Oregon is a shall issue state.


Look at the law here and see if there are any disqualifications.

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:

(a)(A) Is a citizen of the United States; or

(B) Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the United States Citizenship and Immigration Services the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license;

(b) Is at least 21 years of age;

(c) Is a resident of the county;

(d) Has no outstanding warrants for arrest;

(e) Is not free on any form of pretrial release;

(f) Demonstrates competence with a handgun by any one of the following:

(A) Completion of any hunter education or hunter safety course approved by the State Department of Fish and Wildlife or a similar agency of another state if handgun safety was a component of the course;

(B) Completion of any National Rifle Association firearms safety or training course if handgun safety was a component of the course;

(C) Completion of any firearms safety or training course or class available to the general public offered by law enforcement, community college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or a law enforcement agency if handgun safety was a component of the course;

(D) Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, reserve law enforcement officers or any other law enforcement officers if handgun safety was a component of the course;

(E) Presents evidence of equivalent experience with a handgun through participation in organized shooting competition or military service;

(F) Is licensed or has been licensed to carry a firearm in this state, unless the license has been revoked; or

(G) Completion of any firearms training or safety course or class conducted by a firearms instructor certified by a law enforcement agency or the National Rifle Association if handgun safety was a component of the course;

(g) Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;

(h) Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295, of a misdemeanor within the four years prior to the application;

(i) Has not been committed to the Oregon Health Authority under ORS 426.130;

(j) Has not been found to be mentally ill and is not subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;

(k) Has been discharged from the jurisdiction of the juvenile court for more than four years if, while a minor, the person was found to be within the jurisdiction of the juvenile court for having committed an act that, if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined in ORS 166.470;

(L) Has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program, except this disability does not operate to exclude a person if:

(A) The person has been convicted only once of violating ORS 475.864 (3) and has not completed a court-supervised drug diversion program under ORS 135.907; or

(B) The person has completed a court-supervised drug diversion program under ORS 135.907 and has not been convicted of violating ORS 475.864 (3);

(m) Is not subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.735 or 163.738;

(n) Has not received a dishonorable discharge from the Armed Forces of the United States; and

(o) Is not required to register as a sex offender in any state.

(2) A person who has been granted relief under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or has had the person's record expunged under the laws of this state or equivalent laws of other jurisdictions is not subject to the disabilities in subsection (1)(g) to (L) of this section.

 

[Riot]

Oregon is a "Shall Issue" state....so unless he has a FELONY or a DOMESTIC MISDEMEANOR, he is hindering his 2nd Amendment rights!

The NRA has what they call the "Civil Rights Defense Fund" that may be able to help your friend...

The NRA Civil Rights Defense Fund gets numerous requests for assistance. Therefore, the Fund has a procedure for determining whether to fund a court case. The NRA Civil Rights Defense Fund has guidelines for submission of cases for the trustees' discretionary review. Cases presenting compelling unsettled or new issues of law are of special interest to the Fund. The Trustees normally meet three times a year: in the late spring, fall, and winter. A request for litigation funding should be submitted to the secretary not later than 30 days prior to the meeting in which the request is to be considered. Late submissions will be considered only upon emergency.

Applications for financial support must be submitted by an attorney. Requests should include, at a minimum, the following information:

Legal or constitutional issue to be resolved and how it would have a widespread favorable impact;


Summary of the facts;


Background of the litigants or other parties;


Summary of past and projected administrative and legal proceedings;


Projected costs of litigation for the different stages of the case and an explanation of the basis for such projected costs, including hourly attorney fees and projected number of hours;


Other sources of funding and amounts received and requested;


Probability of obtaining a favorable result and basis for conclusion; and


Probability of obtaining an award of attorney's fees and costs should this applicant prevail in the litigation.


Where a shooting range is seeking support, the following additional information must be provided: (1) whether there is an ownership interest; (2) whether the activity is challenged despite a range protection law; (3) whether the operation of the range is lawful; (4) whether the range was allowed to operate without a range protection law and is now threatened with a shut down; (5) whether the range is open to the public; and (6) number of members.

The Fund shall not return submitted material. Therefore, originals should not be sent. Also, privileged attorney-client materials should not be sent.

A recipient of funding shall reimburse the Fund, to the extent of fund involvement, if costs or attorney's fees are awarded. Furthermore, a recipient of funding agrees to have his or her likeness and case used for fund raising by the Fund as a condition for receiving financial support.

Submit Your Request to:
NRA Civil Rights Defense Fund
11250 Waples Mill Road
Fairfax, Va. 22030

Contact us at:
Email: [email protected]
Phone: 703-267-1250
Fax: 703-267-3985

 

[Doubletap]

The guy was busted for a DUI in 1989.. Not booze..he and a couple buddies were screwin around and drank a bunch of cough syrup (Yechhh!!)..

Anyway..the Sheriff is demanding a document..showing he completed a diversion program. The system shows he completed it..but he wants papers.. Of course..he doesn't have them after 21 years..and the munipal court where it was handled can find no record..

The kicker is..this is a renewal..albeit from a neighboring County..since he now lives in this County..

Thanks for the suggestions..

 

[spider]

Have him enroll in a diversion class..wouldn't that be a simple task? Was it nyquil or robotussin?

 

[BigBull 301]

Go back to the county that issued it, and reapply there.

 

[Redcap]

Go back to the county that issued it, and reapply there.

Exactly.

Sounds like a load of crap, messing with some guy's concealed permit over an instance of robotrippin' clear back in the '80s. That sheriff is a petty bubblegum.

 

[Doubletap]

It was Robotussin DM.. And he found out where to go for the requested documentation.. As far as going back to the Co. it was issued in..he no longer resides in that Co. I guess he'll jump through their hoops..as it would undoubtably take more time and money to fight it..

 

[HEYNANUNANU]

What county is he in?

Yamhill said it would take 4-6 weeks. They had it in my mailbox exactly 7 days after I turned my app. in. I recieved my DUII in 2005. Did the program. All better now... and the sheriff didn't flinch at mine.

 

[Doubletap]

It's Yamhill..same for me..got mine in about 1 week and a half.. Crazy thing is..their system shows it as diversion completed..they just want the stupid piece of paper.. So he has to go to the courthouse..and have a document signed by a judge..then when the judge gets around to signing it..and entering it..they'll start his process.. Sounds like a bunch of BS to me..

 

[ZachS]

And he found out where to go for the requested documentation..

How'd he find out?