Action filed against OSBI

[thecheat]

Called OSBI this morning to check in on my renewal. The lady said they received my paperwork on May 10, 2013 (98 days ago). They charged my account for the renewal fee on May 13, 2013 (95 days ago).

Sign me up for a class action. The 30 day grace period on my permit will expire before my renewal comes through at this rate forcing me to be unprotected or stay at home 24/7. This is not right.

 

[elcaBob]

I am painfully surprised at the people who would rather jhat not pursue this because it might cause the legislature to increase the time allowed to process an application. That's INSANE!

We'd better not complain that the IRS is targeting certain groups or Congress will outlaw non-profits altogether.
We'd better not be upset that the police stop and search people randomly or Oklahoma will make that a requirement of law enforcement agencies.
We'd better not chase after the Japanese fleet that smacked Pear Harbor or Hitler will cut off our oil supply.

The founders (and many more since) risked their very lives to give us freedoms. Now people are willing to let those freedoms be flagrantly trampled because they fear disdain from a popularly elected legislature. I can't think of anything less adherent to the original idea of America.

I try to stay OUT of any political fray here on the forum, but that stance is absolutely shameful. Attitudes like that are what put us in the Constitutional crisis we now face (and it IS a full blown crisis). If you feel the need to espouse such a position, I'd ask you to, with all due respect, get the hell out of the way and let those who can actually see our liberty receding have a fighting chance to save it for you.

I absolutely fail to see how correcting an obvious injustice isn't worth the risk.

 

[DFarcher]

I have SOME sympathy for the OSBI, its a fairly small agency and its obvious they were caught napping and were overwhelmed by the number of applications. That being said the issues should have been corrected by now. I don't think trying to recover monetary damages from the OSBI makes sense either. The truth is the whole application process is stupid. Anyone who is can legally purchase/buy firearms should be allowed to carry.

 

[SoonerP226]

I have some sympathy for them, as well, but if the statutes say they have to automatically issue the license after 90 days, then they should be doing that--that would certainly cut the backlog. If they're demanding something of me that they have a legal right to demand, "I'm too busy" won't cut it, and they should be held to the same standard.

The one thing I haven't seen explained is the bottleneck. Is it just because they're short-staffed, or is it something beyond their control--f'rinstance, do they send the prints to the USDOJ, and are they dragging their heels on processing them? ('Cause, you know, Holder would never interfere with any legal processes, right?)

 

[Surveyor1653]

I am painfully surprised at the people who would rather jhat not pursue this because it might cause the legislature to increase the time allowed to process an application. That's INSANE!

We'd better not complain that the IRS is targeting certain groups or Congress will outlaw non-profits altogether.
We'd better not be upset that the police stop and search people randomly or Oklahoma will make that a requirement of law enforcement agencies.
We'd better not chase after the Japanese fleet that smacked Pear Harbor or Hitler will cut off our oil supply.

The founders (and many more since) risked their very lives to give us freedoms. Now people are willing to let those freedoms be flagrantly trampled because they fear disdain from a popularly elected legislature. I can't think of anything less adherent to the original idea of America.

I try to stay OUT of any political fray here on the forum, but that stance is absolutely shameful. Attitudes like that are what put us in the Constitutional crisis we now face (and it IS a full blown crisis). If you feel the need to espouse such a position, I'd ask you to, with all due respect, get the hell out of the way and let those who can actually see our liberty receding have a fighting chance to save it for you.

I absolutely fail to see how correcting an obvious injustice isn't worth the risk.

Hear, hear!!

 

[otis147]

I am painfully surprised at the people who would rather jhat not pursue this because it might cause the legislature to increase the time allowed to process an application. That's INSANE!

We'd better not complain that the IRS is targeting certain groups or Congress will outlaw non-profits altogether.
We'd better not be upset that the police stop and search people randomly or Oklahoma will make that a requirement of law enforcement agencies.
We'd better not chase after the Japanese fleet that smacked Pear Harbor or Hitler will cut off our oil supply.

The founders (and many more since) risked their very lives to give us freedoms. Now people are willing to let those freedoms be flagrantly trampled because they fear disdain from a popularly elected legislature. I can't think of anything less adherent to the original idea of America.

I try to stay OUT of any political fray here on the forum, but that stance is absolutely shameful. Attitudes like that are what put us in the Constitutional crisis we now face (and it IS a full blown crisis). If you feel the need to espouse such a position, I'd ask you to, with all due respect, get the hell out of the way and let those who can actually see our liberty receding have a fighting chance to save it for you.

I absolutely fail to see how correcting an obvious injustice isn't worth the risk.

we shouldnt question the (in)actions of those who give us permission to excercise a priveledge! they might restrict the priveledge more than they already have!...


(named my rescue pup saoirse)

 

[_CY_]

Called OSBI this morning to check in on my renewal. The lady said they received my paperwork on May 10, 2013 (98 days ago). They charged my account for the renewal fee on May 13, 2013 (95 days ago).

Sign me up for a class action. The 30 day grace period on my permit will expire before my renewal comes through at this rate forcing me to be unprotected or stay at home 24/7. This is not right.

one simple solution for folks caught in renewal limbo land. instead of a 30 day grace, it should be extended to 90 days grace. but that would be too ez ...

 

[akgriffin]

Gentlemen, we need to hold off on the name calling and pc postering. the osbi took my money on the June 27, 2 wks after turn in, now its the wait game. I see a pattern being displayed on the site, and from people i know and deal with that have had to wait longer than 90 days. what needs to happen is a group of us to hit our congressional animals. with 1 or 2 from each area and as a group see the representatives and senators of each county involved. The only problem is picking a time, and getting people to show up. thats my opinion.

 

[mr ed]

Called OSBI this morning to check in on my renewal. The lady said they received my paperwork on May 10, 2013 (98 days ago). They charged my account for the renewal fee on May 13, 2013 (95 days ago).

Sign me up for a class action. The 30 day grace period on my permit will expire before my renewal comes through at this rate forcing me to be unprotected or stay at home 24/7. This is not right.

your only at about 65 days right now. Its 90 working days excluding weekends and holidays (memorial day and 4th of July)

 

[Glocktogo]

I have some sympathy for them, as well, but if the statutes say they have to automatically issue the license after 90 days, then they should be doing that--that would certainly cut the backlog. If they're demanding something of me that they have a legal right to demand, "I'm too busy" won't cut it, and they should be held to the same standard.

The one thing I haven't seen explained is the bottleneck. Is it just because they're short-staffed, or is it something beyond their control--f'rinstance, do they send the prints to the USDOJ, and are they dragging their heels on processing them? ('Cause, you know, Holder would never interfere with any legal processes, right?)

From http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2012.pdf

The Oklahoma State Bureau of Investigation, upon receipt of the application and required information from the sheriff, shall forward one full set of fingerprints of the applicant to the Federal Bureau of Investigation for a national criminal history records search.

The Oklahoma State Bureau of Investigation shall make a reasonable effort to investigate the information submitted by the applicant and the sheriff, to ascertain whether or not the issuance of a handgun license would be in violation of the provisions of the Oklahoma Self -Defense Act. The investigation by the Bureau of an applicant shall include, but shall not be limited to: a statewide criminal history records search, a national criminal history records search, a Federal Bureau of Investigation fingerprint search, and if applicable, an investigation of medical records or other records or information deemed by the Bureau to be relevant to the application.

your only at about 65 days right now. Its 90 working days excluding weekends and holidays (memorial day and 4th of July)

Wrong.

If the background check set forth in paragraph 11 of this subsection reveals no records pertaining to the applicant, the Oklahoma State Bureau of Investigation shall either issue a handgun license or deny the application within sixty (60) days of the date of receipt of the applicant’s completed application and the required information from the sheriff. In all other cases, the Oklahoma State Bureau of Investigation shall either issue a handgun license or deny the application within ninety (90) days of the date of the receipt of the applicant’s completed application and the required information from the sheriff. The Bureau shall approve an applicant who appears to be in full compliance with the provisions of the Oklahoma Self-Defense Act, if completion of the federal fingerprint search is the only reason for delay of the issuance of the handgun license to that applicant. Upon receipt of the federal fingerprint search information, if the Bureau receives information which precludes the person from having a handgun license, the Bureau shall revoke the handgun license previously issued to the applicant. The Bureau shall deny a license when the applicant fails to properly complete the application form or application process or is determined not to be eligible as specified by the provisions of Section 1290.9, 1290.10 or 1290.11 of this title. The Bureau shall approve an application in all other cases. If an application is denied, the Bureau shall notify the applicant in writing of its decision.

So to recap, the OSBI ONLY has 90 calendar days to issue the license if the FBI fingerprint search is delayed or if records pertaining to the applicant are revealed. In all other cases, they actually only have 60 calendar days. So when I send my application in for renewal and I have no records, and I have never had a problem getting print results after submissions that number in the double digits now, and I know that the federal government can process a CHRC and STA (Security Threat Assessment) in five to seven calendar days, then it stands to reason that the OSBI is in violation of state law when they exceed 90 days to issue. Every application packet should be date stamped on the day it arrives, not when they get around to opening it. That was the intent of the law.

The reason for their repeated and sustained violations of state law are wholly irrelevant. Either issue or deny. Unreasonable delay is not an option. There's zero justification for it when the applicant fees are absolutely high enough to sustain a compliant operation. When such a flagrant and willful violation of state law by a state agency persists to this level, a class action suit is reasonable to force compliance. In this case, monetary damages should only be for lost time, court costs and attorney's fees. They should be forced to issue a public apology and IMMEDIATELY come into compliance with state law.

OSBI's actions on this subject are indefensible. Enough is enough already.