JavaScript is disabled
Our website requires JavaScript to function properly. For a better experience, please enable JavaScript in your browser settings before proceeding.
Messages
1,526
Reactions
1,931
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?
 
Comes under the category of.....
RIGHTS delayed = RIGHTS denied.

i-m-from-the-government-i-m-here-to-help.png

Aloha, Mark
 
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.
 
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).
 
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
 
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.
 
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?
 
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!
 
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?
 
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.
 
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...
 
I'm almost sure Oregon starting that same poop as other democratic controlled states and slowing down bgc's on purpose.
For what it's worth, I bought my first gun a few weeks ago and passed the check in less than 5 mins. The salesman suggested my slightly unusually-spelled first name and my status as a naturalized citizen likely explained why it was so fast. In other words, the former makes me easy to find in their records and the latter means I already have full background check info on file.

I think the delays people are reporting simply come down to significantly increased demand.
 
This is why I don't buy from "box stores".

I almost always buy from the internet and have it shipped to a local FFL. All he wants to do is meet the legal requirement. If the FBI sees something thats unclear, they contact the state in question, and that state has 3 days to respond. If they don't then the FBI gives a clearance thats neither approved or denied and the FFL has the right to transfer the firearm to the purchaser.

" If the check comes back clean, the FBI gives the sale a green light. If it doesn't, the purchase is denied. Sometimes the FBI seeks more information in order to make a final determination. In those cases, the check is transferred to the FBI's Criminal Justice Information Services Division, where an examiner reaches out to local law enforcement and other state agencies. "

"When a check requires more information, the FBI has three business days to make a final determination on the buyer. If a decision can't be made in that time, a licensed dealer is allowed by law to go ahead and sell the firearm, in a sale referred to by the FBI as a "default proceed."

The dealer is not required to notify the FBI when a sale goes through this way. The NICS examiner tasked with the case is supposed to keep working on it and has up to 90 days to reach a final conclusion."
 
After you are finally approved the FFL needs to give you information on the background check. Background check number
and exact time and date summited and then approved. This information will help you apply for a UPIN. The FFL I used advised
me to summit for a UPIN with this information. I got my UPIN in 3 weeks. In future FFL background checks the UPIN is
recorded on the 4473 form you fill out to purchase a firearm. I have sense then never been delayed with my UPIN. Good luck.
 

Upcoming Events

Oregon Arms Collectors March Gun Show
Portland, OR
Tillamook Gun & Knife Show
Tillamook, OR
"The Original" Kalispell Gun Show
Kalispell, MT
Teen Rifle 1 Class
Springfield, OR
Kids Firearm Safety 2 Class
Springfield, OR

New Resource Reviews

New Classified Ads

Back Top