Action filed against OSBI

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jhat

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I for one hope you can make it butt hurt them. I think waiting for 90 days is way to long, there is no way we need to add more days " to make a easy fix", hell 90 days is ridicules wait time for me to be able to legally carry my weapon for protection after 13yrs of honorably discharged military service and just had background check done by homeland security for hazmat endorsement on my CDL. Jhat sink spurs and hope like hell you can redirect the "big green weenie" back on them.

That's my plan. Thanks!
 

spd67

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The approval time is not up to the OSBI it is set by the state legislature. OSBI has to work within the rules set down for them as does everyone else. They then have to make a decision to get things done within a popper time frame. If they can not they have to be held accountable the same as any person or company that breaks the law. The main reason for there being no penalties is the state doesn't desire to penalize a state run agency. If they were to have a private firm do everything related to the SDA and set a time frame there would be penalties in place for punishment.

Be careful what you wish for, they might just petition the legislature to allow for more time to deny / approve and win. OSBI has a huge lobby in the legislature. Has anyone thought of that as a consequence of this action?
 

ripnbst

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Be careful what you wish for, they might just petition the legislature to allow for more time to deny / approve and win. OSBI has a huge lobby in the legislature. Has anyone thought of that as a consequence of this action?

My fear as well. And they've got a strong case for this. Addressing the court "When this limit was set back in 19XX we had XXX applications a month. We now have XXXXX number of applications and have even added a second shift to try and process the applications within the current deadline. We simply can't."

OSBI would have a leg to stand on in requesting the extension...
 

aviator41

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Using the excuse "we're too busy. you have to wait" wouldn't hold water for me either.

They need to perform within the requirements of the law, or hire such staff as to allow them to.
 

Surveyor1653

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TITLE 21 § 1290.23 DEPOSIT OF FEES BY OSBI
All money submitted by the sheriffs to the Oklahoma State Bureau of Investigation as processing fees for applications submitted for handgun licenses shall be deposited in the Oklahoma State Bureau of Investigation Revolving fund and shall be expended for purposes of implementing the provisions of the Oklahoma Self-Defense act or as otherwise provided by law.

Renewal = $85.00
New license = $100.00

I don't know how the applications break down per month by type but let's just do some old school math and see what happens.

Assuming that there are an average of 4000 applications coming through the mailroom at the OSBI each month, and also assuming that 70% are new licenses and 30% are renewals (of which 70% are 10-year renewals), then:

2800 new applications at $100 per = $280,000
840 10-year renewals at $170 per = $142,800
360 5-year renewals at $85 per = $30,600

For the paltry cash inflow sum of $453,400 per month, or $5,440,800 per annum. If my gazentas are correct, that's a whole lot of Post It Notes. This is on top of their already-allotted budget each year.

They can afford the staff increases necessary to do their statutory duty. If they say they can't, then they need to be audited by the State Treasurer's Office to find out why and what the fix is before they get another day or another dime.
 

Arin Morris

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gillman7

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I really can't believe I just read people being scared of getting more legislation on wait times would be a reason to ignore this? Grow a pair, and remember that a government aught to fear it's people, not the other way around!

Jhat, have you ever, or are you looking into case law for justified self defense shooting scenarios? I am curious about finding someone locally that is preparing for that, should it ever arise for someone here on the board. If you are comfortable with it, can you PM me your contact info?
 

jhat

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I really can't believe I just read people being scared of getting more legislation on wait times would be a reason to ignore this? Grow a pair, and remember that a government aught to fear it's people, not the other way around!

Jhat, have you ever, or are you looking into case law for justified self defense shooting scenarios? I am curious about finding someone locally that is preparing for that, should it ever arise for someone here on the board. If you are comfortable with it, can you PM me your contact info?
The affirmative defenses of self defense and justifiable homicide are creatures of statute and are fact specific. Attorney's cannot prepare in advance to defend such cases. Each case turns on its own facts. The legislature has created presumptions when one uses deadly force in defense of ones home or if you are attacked in your vehicle or at your business, but the presumptions are rebuttable. 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. It's all based on the facts and circumstances of each case. Other than knowing which statutes might be in play, we cannot prepare in advance.
 
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NightShade

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Be careful what you wish for, they might just petition the legislature to allow for more time to deny / approve and win. OSBI has a huge lobby in the legislature. Has anyone thought of that as a consequence of this action?

I have no desire or wish stated, I was merely looking at the letter of the law and the reason for no real penalties for OSBI from my point of view. I look at the current system as something that should be looked at as a guideline as well. The law currently states that the counties have 15 days. . . if that is looked at as 15 business days it could be up to 23 calendar days with only weekends considered and maybe even more. I wouldn't worry too much about a day or two here or there. Same for OSBI, the law doesn't really state if it's calendar days or business days. So giving some leeway is fine IMHO. I fully understand when it gets to the point of around 120 days plus that you have to think about shaking the tree to get some action. It also sounds like in this case they are placing the burden of proof on a citizen because they can not produce records that show fault and conviction which is not correct.
 

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