Oregon 3 day limit FFL?

Messages
1,502
Reactions
1,865
A friend of mine who is new to guns has now been waiting 7 weeks to pick up the .22 he wants to buy from Bi Mart. They wont release it until they hear back on his BCG. He is not a felon and was able to buy a gun 6 months ago. He is about ready to give up on Bi Mart. Is there an FFL in the Newberg/ Mac/ Tigard area that will release a gun after 3 days?
 

washagonian

Messages
230
Reactions
293
Can someone give me the reference for the "3-day" time period.

I may be wrong (often am :confused:), but I thought the law in Oregon was:

1.) if the OSP can't complete the background check in 30 minutes they have to give the FFL submitting the BGC request an estimated time for when the BGC will be complete.

- in addition -

2.) if the OSP can't submit an approval number or a reason for declining the transfer to the FFL by the end of the FFL's next business day, then the FFL can release the firearm to the purchaser.

Reference - ORS 166.412 (3).

That being said, I know of NO FFL that will release a firearm until the BGC is completed, even if it takes weeks.

Anyway, back to the 3-day question. Am I missing something?

Thanks.
 

washagonian

Messages
230
Reactions
293
Why doesn't every gun shop just do it anyways? They can, seems right now that would be smart with everyone else waiting weeks.
LIABILITY.

As Mark pointed out, if the OSP doesn't meet it's time responsibility for timely background checks, the FFL "may" release the firearm. Given that this decision would be made by the FFL, and if the firearm was delivered to someone who could not legally possess a firearm, and if that person committed a crime with that firearm, the FFL would be sued to "high-heaven".

If the statue wording was the FFL "must" deliver the firearm, rather than "may" deliver the firearm, that would be an argument the FFL could use to defend itself in a lawsuit (because they're still gonna be sued, no matter what the law says).
 

ma96782

Messages
5,004
Reactions
8,724
Speaking of Liability......

There is a certain gun shop in Tacoma, WA that *refused to be the FFL to do the BGC/transfer/and associated paperwork....in a sale between two private parties.

When asked WHY?

Their response was that "Their lawyer" said/advised them.....that they shouldn't get involved.

*Though things may have changed.

Aloha, Mark
 
Messages
1,545
Reactions
413
The best part in Oregon, there is an ORS that says an FFL cannot hold anyone in Oregon FICS accountable for their approval/denial decision.

So, if bad guy somehow passes BGC, leaves FFL And OSP finds out that they were a bad guy and denies the BGC after the fact, OSP FICS cannot be held accountable for that.

So, why should FFLs be held accountable for OSPs mistake? Also why does Oregon have to middle man the BGC process, whereas most every other state uses an FBI database directly.
 

arakboss

Messages
6,330
Reactions
10,373
A friend of mine who is new to guns has now been waiting 7 weeks to pick up the .22 he wants to buy from Bi Mart. They wont release it until they hear back on his BCG. He is not a felon and was able to buy a gun 6 months ago. He is about ready to give up on Bi Mart. Is there an FFL in the Newberg/ Mac/ Tigard area that will release a gun after 3 days?
3 days starts one the OSP starts reviewing him. Has Bimart told him he has been delayed?
 
Messages
7
Reactions
2
I bought a brna new Mini 14 last month, had to wait 2 1/2 weeks for the OSP to approve. I was number 4566 on the list when the FFL guy applied. I am a vet with an honorable discharge with no felony arerest. My son, on the other hand, bought a used AR 15 from a pawn shop, had never bought a gun before and was approved in 1 hour. Go figure. Gotta love Oregon!
 

arakboss

Messages
6,330
Reactions
10,373
I bought a brna new Mini 14 last month, had to wait 2 1/2 weeks for the OSP to approve. I was number 4566 on the list when the FFL guy applied. I am a vet with an honorable discharge with no felony arerest. My son, on the other hand, bought a used AR 15 from a pawn shop, had never bought a gun before and was approved in 1 hour. Go figure. Gotta love Oregon!
Does your son have an unusual name?
 
Messages
194
Reactions
283
I’m sure glad I went with my gut feeling before all this plandemic poop started up. I went out months before and purchased or built all but one gun that’s been on my list of guns to have. Also loaded up on 5k extra rounds of .223/9mm and 762x39. That’s total not of each Caliber.

I’m almost sure Oregon starting that same poop as other democratic controlled states and slowing down bgc’s on purpose.
 

Sundance

Messages
31
Reactions
53
The best part in Oregon, there is an ORS that says an FFL cannot hold anyone in Oregon FICS accountable for their approval/denial decision.

So, if bad guy somehow passes BGC, leaves FFL And OSP finds out that they were a bad guy and denies the BGC after the fact, OSP FICS cannot be held accountable for that.

So, why should FFLs be held accountable for OSPs mistake? Also why does Oregon have to middle man the BGC process, whereas most every other state uses an FBI database directly.
$$$$ Oregon has found another form if free money, while once again providing no value add...
 

UPCOMING EVENTS

Free Firearms Safety Course (I-1639 Compliant)
Virtual Webinar (Zoom). Registration Link in the course description.
Seattle, WA, USA
Arms Collectors of SW Washington Gun Show
Battleground Community Center
912 E Main St, Battle Ground, WA 98604, USA
Albany Rifle & Pistol Club (ARPC) Gun Show
Linn County Expo Center
3700 Knox Butte Rd E, Albany, OR 97322, USA

LATEST RESOURCE REVIEWS

  • Sportsman's Warehouse - Albany
    5.00 star(s)
    Good products at good prices with friendly and knowledgeable staff!
    We like to visit the Albany location as it's closer but have been to several others and they have all been great!:D
  • Umpqua Survival
    4.00 star(s)
    Easy NFA transfer
    I had a silencer transferred through their shop. The paperwork was quick and the staff helpful and friendly. Whilst waiting, I did see a nice...
  • MK Tactical
    5.00 star(s)
    Awesome staff
    Being new to the area and having just made an online purchase of an AR lower, I opted to use MK Tactical as my FFL, without knowing anything about...
  • J&B Firearm Sales
    5.00 star(s)
    Good local shop
    Picked up a rifle yesterday from J&B. This was the second or third gun purchase over the last few years from them. I always enjoy stopping by...
  • H&K Gun Shop
    5.00 star(s)
    The only place I have found 9mm in stock
    I’ll admit I didn’t even know this place existed, as I don’t tend to go into Forest Grove often. But it’s a giant (looks bigger from the...
Top Bottom