Action filed against OSBI

[furlong222]

Yesterday I filed a Motion for a Writ of Mandamus against the OSBI. They have had
my clients' application for over 120 days and have not issued or denied his license. He does not come within either exclusion section. The problem is a mid 70's marijuana arrest at a Tulsa rock concert wherein no charge was filed. Tulsa PD has no record of the arrest and there is, of course, no court record. OSBI wants my client to prove that he has no conviction. The code is clear that OSBI cannot create a rule or regulation placing extra requirements on the applicant. Since the statute dealing with District Court Writs provides for costs and attorneys fees, I intend to put a stop to the OSBI ignoring their statutory obligations. Too bad the assigned judge is out until monday and could not sign the Writ. Time to rock the boat.

I couldnt agree more....govt agencies at all levels have no respect for the law....witness the many cases of perjury by the folks in DC....they have limitless legal representation while most of us cant afford an attorney, and public defenders are more like a sud-assistant DA....a grass roots movement to hold them accountable may as well start here....GO FOR IT

 

[jhat]

I couldnt agree more....govt agencies at all levels have no respect for the law....witness the many cases of perjury by the folks in DC....they have limitless legal representation while most of us cant afford an attorney, and public defenders are more like a sud-assistant DA....a grass roots movement to hold them accountable may as well start here....GO FOR IT

Thank you furlong222 for your support.
I must say, however, that the Oklahoma County Public Defender's Office has some damn fine attorney's. They, of course, are not allowed to pursue civil matters. Their case load is high but you will see them late at night at the jail, weekends too. I have great respect for them! They have to represent people charged with unthinkable crimes, child rape included. I have choices but they do not. God bless them for representing the indigent.

 

[Glocktogo]

Ha...That's funny coming from you. Some of my first posts on this board were greeted by a "unnecessary and demeaning" barrage from you. Certainly the post I was responding to when I offended you to the point you needed to respond contained some "unnecessary and demeaning" remarks directed towards other members here. So thanks for the advise, but I couldn't care less about your opinion on anything.

LOL, I see you haven't changed and in consideration of your attitude, that I can still get your goat.

Thanks Glocktogo for your support!

I work with CHRC's and STA's. There's zero justification for the process taking 90 days, much less more than that.

 

[jsl_pt]

Good luck, wish you well, keep us updated.

 

[AKguy1985]

Good luck, wish you well, keep us updated.

x2......

 

[faerielady]

Strangely enough, after I emailed them and they said it was due to my fingerprint cards not being returned, the next day they posted my license. The postmark is the day after I emailed them. Why am I not surprised? All that time, and it took her less than a day.

 

[bigfug]

If I hear someone come through my patio door at noon on an August day and I grab my gun and kill a 15 year old kid wearing nothing but gym shorts, I have a serious problem because the kid is clearly unarmed and no threat. If there is a witness I will be charged with some degree of homicide.

Actually no, castle doctrine is different from the 'stand your ground' statute. A homeowner has the right to absolute safety in their home and is presumed to have reasonable fear of anyone unlawfully and forcibly entering or attempting to unlawfully and forcibly entering.

 

[greg1996zz]

Many years ago when the SDA was new, my license was over due for issuance. I sent a letter to OSBI on my firm's letterhead threatening to file a writ unless they issued within ten days of the date of the letter. My license was issued within the time I specified. That was a lot less work than filing a writ.

Also, it is extremely unlikely that an Oklahoma County judge would issue a writ against OSBI without giving it time file a response brief. The most likely outcome is that OSBI issues the license/denial before the hearing, rendering your writ moot.

 

[WillR]

There's a very simple fix for all this.

Constitutional Carry.

 

[jhat]

Many years ago when the SDA was new, my license was over due for issuance. I sent a letter to OSBI on my firm's letterhead threatening to file a writ unless they issued within ten days of the date of the letter. My license was issued within the time I specified. That was a lot less work than filing a writ.

Also, it is extremely unlikely that an Oklahoma County judge would issue a writ against OSBI without giving it time file a response brief. The most likely outcome is that OSBI issues the license/denial before the hearing, rendering your writ moot.

Judge indicates he will sign the Writ. It is in his office as we speak.