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  1. #1
    Join Date
    May 2011
    Posts
    638

    Default Difficulty Getting Gun Permit Due to Dismissed Restraining Order

    My question involves police conduct in the State of: Oregon

    I need to file a suit to get my concealed firearms permit back from local police. Someone filed a restraining order against me but I prevailed and it was dismissed. Any time someone files for a restraining order, the records are checked and if the defendant has a permit, it is taken on the spot. If the defendant prevails, it is supposed to be returned.

    In this case, I am up against a good ole boys network where the person who filed for the restraining order is a cop. Even though I beat him in court, I am being given the runaround about the permit.

    We are a "shall issue" state which mandates that a permit "shall be issued" if a person meets very minimal requirements such as having a clean background and taking a class. I qualify.

    I've had this permit since the 70's and have never been in any trouble before. In this case, I'm being stonewalled. No one will meet with me nor will they reply to letters or emails.

    I'm going to sue to get it back because I have an absolute statutory right to it.

    I don't know what my causes of action would be. I don't know what to call them so that I can research the elements and draw an appropriate complaint. Can anyone tell me what to call my causes of action?

    Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Advice on Causes of Action for Complaint

    Quote Quoting cmre3456
    View Post

    I'm going to sue to get it back because I have an absolute statutory right to it.
    !
    then you file for a writ of mandamus. That is an order from the court compelling the agency to act as the law requires them to.

    scroll down to 34.105 for the section on writ of mandamus

    http://www.leg.state.or.us/ors/034.html

  3. #3
    Join Date
    May 2011
    Posts
    638

    Default Re: Advice on Causes of Action for Complaint

    Thank you!

    Now, this LEO is already under scrutiny by our local paper for wasting taxpayers dollars ($77,000) and part of it was wrongfully denying a concealed handgun permit, for which he lost at the state Supreme Court Level. It was the headline in the paper just a couple of days ago.

    LINK

    I wouldn't mind causing some worry here in the way of possible monetary damages. Can anyone think of a tort with monetary damages at risk?

    The minute I'm finished filing my action, I intend to march a copy right over to the reporter, above.

    Thanks!

    PS Oregon law is very clear - it's a "shall issue" state. See 166.291

    http://www.leg.state.or.us/ors/166.html

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