Rapid Fire, "out of range" & wound allocation

[Brother_Marius]

A unit of 5 orks gets blasted by a whirlwind. After removing 3 casualties (from the center of the blast), 2 orks are left standing, slightly out of coherency.

 

In the same shooting phase, a unit of 5 Space Marines opens fire at the 2 remaining orks.

 

4 of those Space Marines can draw Line of Sight to both orks, and they are within 12" of the nearest ork, *but the other ork is further than 12" away from them*.

The last space marine can only draw Line of Sight to the nearest ork, but he is not within 12", but within 24" instead.

 

9 Bolter Shots are resolved simultaneously, (4x2+1) and lots of saves are missed (3). Enough to kill both remaining orks. Or is it...?

 

Relevant pages in the rulebook: 15, 16.

 

At first glance it seems both orks die, according to the normal way to remove casualties (page 15), there are 3 unsaved wounds. The closest ork eats one first, then the second one. Unit gone.

 

BUT according to page 16, "Out of Range" (and to a lesser extend, "Out or Sight") after removing the nearest ork, the second ork CANNOT be removed as a casualty because it is out of range of those space marines that fired their rapid fire, and it is not within LoS of the 1 space marine that fired at 24". 

 

So what happens?

[Grey Mage]

Range is based on the unit, not on the model.

[dswanick]

"Q: When making a Shooting attack against a unit, can Wounds from the Wound Pool be allocated to models that were not within
range any of the shooting models when To Hit rolls were made (i.e. half the targeted model are in the shooting models’ range, and half
are not)? (p15)
A: No.",BRB FAQ

At first glance, this FAQ has no bearing on your question. Except that it obliquely reinforces the solution to your problem - "within range any of the shooting models when To Hit rolls were made".
The question of "in range" is resolved when to-hit rolls are made. Once models in the target unit are found to be "in range" they are considered to be in range for the duration of that shooting attack.
For the question of line of sight, this is determined from the point of view of any firing model in the shooting unit. So long as any firing model can see the target model, that model can be allocated a Wound.
Conclusion; remove all orcs. Purge the Xenos.

[Brother_Marius]

Thanks!