Another Background Check Delay.....

[Thundergun]

Ooops.... just saw on OFF's website OSP is no longer taking calls. Bummer.

I also dug through some emails, and the name of the gun shop is Riche's Guns Shop. It's in Donald, OR. Here's their address: http://richsgunshop.com/

Transfer your business there if possible. Hope that helps....

Awesome, thanks for looking that up much appreciated!

 

[Thundergun]

What's weird is I was arrested way back in the 90's for assault, and menacing... about two months after the fact... I caught a guy red-handed trying to break into my house and I wound up breaking his back and fracturing his neck... it took the DA two months to decide to prosecute... must've been bored.

I was arraigned, had a court appearance and everything, and in the end the charges were dismissed (I still have the document showing that dismissal... LOL) I have never had an issue buying a firearm, and have had several background checks for security clearances to get into sensitive government areas (FBI, IRS, etc) with nary a problem.

My guess is that it happened out of state and they in my case are having trouble finding or getting the records to find out the disposition. I could get those to them if I could just get a hold of them lol. On the OSP delay line on their outgoing message even say "if you have a arrest that is over ten years old it may take even longer." I hope after I get this cleared its smooth sailing in the future for me as well.

 

[tiggers97]

The first public hearing is coming up soon on Feb 4th for HB4147, relating to background check delays. Here's your chance to let them know its the data in the system that is the 'loophole' that needs to be fixed. Letting the government background check process off the hook for completing timely checks will not make it better!

I just posted a thread to help those interested in submitting testimony, or attending, here.

 

[Stomper]

First of all, ANYONE can be arrested for ANYTHING at ANYTIME. You may be in the "wrong place at the wrong time" and get arrested, you may fit the description of a suspect and get arrested, you may be falsely accused of something, etc.

Second, it's convictions and court orders/declarations that count, BECAUSE you are INNOCENT until found/proven guilty in a court of law. It's called DUE PROCESS.

If the OSP is holding people up over their "arrest record" and not documented court entries as outline above, then something is not right.

 

[Mikej]

I called the numbers listed on OFF's website and got almost instant help from OSP. They were a pleasure to deal with, took the paperwork I had in my files, reviewed/verified it and noted my account. I've purchased scads of firearms since and never an issue.

Another option RE: the three day rule is guy out towards Oregon City if I remember right. I don't recall how I got his info, may have been off Bud's Gun Shop website, but he had no issues what so ever releasing the gun after three days of no response.

Best of luck to you all .

@pdxRealtor

Maybe I'm just dense so bare with me......You are saying you had a delay in the last, say, 18 months. You called a # from the OFF site, Patricia W.? Only # I found in a short search. You went into the OSP office in Salem? Where documents showing your faux pas marked as dismissed satisfied the OSP that you were not a danger to yourself or others and you've had no problems buying scads of firearms since. ??

 

[Mikej]

Ooops.... just saw on OFF's website OSP is no longer taking calls. Bummer.

I also dug through some emails, and the name of the gun shop is Riche's Guns Shop. It's in Donald, OR. Here's their address: http://richsgunshop.com/

Transfer your business there if possible. Hope that helps....

DERP! Sorry, 'spose I should read the WHOLE thread before posting, eh? I thought that you may have been speaking of days gone by, WAY by!

What's weird is I was arrested way back in the 90's for assault, and menacing... about two months after the fact... I caught a guy red-handed trying to break into my house and I wound up breaking his back and fracturing his neck... it took the DA two months to decide to prosecute... must've been bored.

I was arraigned, had a court appearance and everything, and in the end the charges were dismissed (I still have the document showing that dismissal... LOL) I have never had an issue buying a firearm, and have had several background checks for security clearances to get into sensitive government areas (FBI, IRS, etc) with nary a problem.

That is why many of us wish we were you Stomper! You're so cool.

 

[Thundergun]

First of all, ANYONE can be arrested for ANYTHING at ANYTIME. You may be in the "wrong place at the wrong time" and get arrested, you may fit the description of a suspect and get arrested, you may be falsely accused of something, etc.

Second, it's convictions and court orders/declarations that count, BECAUSE you are INNOCENT until found/proven guilty in a court of law. It's called DUE PROCESS.

If the OSP is holding people up over their "arrest record" and not documented court entries as outline above, then something is not right.

Could not have been said better.

 

[Stomper]

DERP! Sorry, 'spose I should read the WHOLE thread before posting, eh? I thought that you may have been speaking of days gone by, WAY by!



That is why many of us wish we were you Stomper! You're so cool.

No you don't, there's a lot of pressure in being me!

 

[Norm0931]

I'm going through the same thing right now I feel for ya.. I went into Cabela's last Monday and got a delay date out to a little over 8 weeks 3/16 which could be delayed longer if they can't resolve the issue. This is my first FFL purchase in Oregon and didn't really understand the process until being delayed and that the check is handled by OSP.

To be candid I know the delay has to be because of a arrest from 12 years ago in California that was dismissed. I'm sure the issue is they can't find the disposition. I have the official paperwork for the dismissal but can't get a hold of anyone to figure out who or where to send it to expedite the hold up. They probably have to snail mail California and even more bureaucracy to get what is needed but who is to know if they've even started.

Does anyone have any advice on who to contact or how to send OSP my documents proving dismissal? I've left a message with the OSP delay voicemail and we all know that's a crap shoot. I've tried calling the numbers OFF listed to no answer or any help. I'm totally lost within a broken/faulted bureaucratic system that gives little care for people's rights.

Wifey is in the same position as year are....An arrest over 30 years ago that was dismissed at the time without any sentence or punishment. It was suggested to us she go and get a copy of the case disposition and have it on hand to fax a copy to OSP. That is what she will do today! We are told that OSP will call you back, it just takes some time. We'll see about that I guess.

Sounds like fun doesn't it? Going downtown, finding the right big building, the right floor, the right door?......

[email protected]
Challenge/Information line (for denied, delayed transactions or inquiries) 503-373-1808
FICS Unit Manager 503-934-2330
FICS Unit Supervisor 503-934-2364

Call your legislator, explain your situation and if need be, provide them your documents. They can get FICS moving on your issue a lot faster. I've contacted Brian Boquist to lean on FICS for several customers who had ridiculous delays.

The most frustrating part is that the OSP and the people in Salem could care less about your rights. In fact, they are probably quite gleeful knowing that some people get delayed, they probably wish they could do it to everyone. Based on past reports of folks that have to deal with OSP on a variety of issues, they are understaffed, underfunded and just don't have the time or interest to chase these things down. It would probably be helpful if the state switched to the NICS system, but that's unlikely to happen.

Just out of curiosity, are you buying a handgun? Because if you're buying a rifle or shotgun, you can legally purchase it in Washington (I see you're in Portland, so an easy drive) and let the NICS background check be used instead. I've done it myself, no issues whatsoever. And if you already know you can clear the NICS check, then it will save you the hassle. Just something to think about. The other bonus about buying up north - no fee for the BGC - and that means OR loses another $10 BGC fee to add to their gun control coffers.

The problem was a lot of the good people in the FICS unit quit last year. They told the Legislators if they passed SB 941 and didn't hire more people they would quit. Sure enough half the senior staff walked out.

Sorry to hear about that! BTW- there's proposed Oregon legislation in the works that will nix that 3-business day release if no word to deny/release is given and ONLY allow the transfer on OSP approval, so it'll only get even worse for folks with your type of situation.

From an FFL's point of view, the 3 day rule is a sham. The BATFE, media, and Antis will all crush you if you turn over a firearm and the person is denied or even if they aren't, but they go and kill a bunch of people like in South Carolina last year. That shop is done, the owner is probably bankrupt. Hell, even if you PASS a background check the shop can still be put under if the gun they sold ends up being used in a big enough crime. The guy who sold Adam Lanza's mother the firearms he used at Sandy Hook was sued by Antis and harrassed by the ATF in to oblivion. He did absolutely everything legal and he still got crushed under the boot of the left. Basically, turning over the gun after 3 days puts a small gun shop owner gambling on if you are a good person or not. Is there anyone on here who would risk their business and basically all their wealth on a stranger? I totally agree the system is crap, but the reality is, that's what we have to work with.

 

[Thundergun]

I put together a list of numbers of people you can try to call. I also found the FICS fax number hopefully this helps someone.

 

[Thundergun]

I was actually able to get a hold of someone today. I talked to Laurie Barnes she was very polite and helpful. I reccomend trying her number if you're trying to get in touch with OSP.

She went and got the documents I faxed her and she cleared the problem saying there was a charge showing but a disposition wasn't listed. The papers I sent showed it was dismissed. Thinking I was in the clear and about to get a call soon to go pick up my new pistol she told me there was a second charge during the same arrest and there wasn't a disposition for that charge either. I had no idea there was another charge and I was never prosecuted. So now I'm held up until they can get the info from the California District Attorney that I was never prosecuted on that charge or possibly somewhere else in court records show a disposition on it. I have no idea how they're going to get that info at least in any timely manner.
I already did the research to try and get the records myself which I will try to tomorrow but it looks like it will have to be handled via snail mail. And I couldn't call anyone at the court because they close at 1pm! Ah bureaucracy... So now its possible to get these documents only to find there is no record of this charge. I already have a paper from pulling my record in the county the arrest took place and it only shows the one charge on it.. Furthermore I may have to get fingerprinted and send them in with a request to California Department of Justice for a criminal record review. That gets sent to me, I look it over then have to send them back a different form called Claim of Alleged Inaccuracy or Incompleteness. In hopes they will fix it and I'm supposed to provide them the information or proof for them to correct it.
I have no idea how this is going to effect future purchases or dealing with NICS directly in other states. Does anyone know if I try to get a UPIN they will keep record of my eligibility to purchase arms or is it only for means of identification to not mix you up with someone else?

 

[Thundergun]

Also when talking to OSP they said I was "fingerprinted" so it looks like these flags come up from fingerprints. She said I was also fingerprinted for the second charge. I was only fingerprinted once. There were two charges against me but the DA only pressed charges on one of them. I never got any sort of paperwork on the other charge that was never taken to court. I don't know how I or OSP will find a disposition for it.

 

[bnsaibum]

As Norm said, call your legislators. In fact, call every one of them on both the House and Senate Judiciary Committees and email them the same information.

Tomorrow is the first hearing on the bill to do away with even the 3 day period here in Oregon, not that it has done any of you here any good.

https://www.northwestfirearms.com/t...-on-feb-4th-3pm-submit-your-testimony.213794/

 

[jefe]

Just curious: so if someone gets arrested and nothing was filed with the court (thus, no arraignment, no case number, etc.) because the DA declined to file, then is there any record other than the arrest? If there is no court record (no case number), then how can the OSP delay? (If someone were a "fugitive from justice," there would have to be a case number since only a judge could declare someone a "fugitive"?)

Does the OSP make is common practice to delay and/or deny those with an arrest record, but no court record (including no case number)?

 

[Thundergun]

Just curious: so if someone gets arrested and nothing was filed with the court (thus, no arraignment, no case number, etc.) because the DA declined to file, then is there any record other than the arrest? If there is no court record (no case number), then how can the OSP delay? (If someone were a "fugitive from justice," there would have to be a case number since only a judge could declare someone a "fugitive"?)

Does the OSP make is common practice to delay and/or deny those with an arrest record, but no court record (including no case number)?

This is my problem and MikeJ's wife's problem we had arrests that were dismissed but OSP only sees the arrest with no outcome. They can't issue a approval until they get a definite outcome. And if you ended up dealing with a FFL that will not release a firearm without a approval you're stuck in a bureaucratic purgatory indefinitely. I am lawfully permitted to own firearms and so is mikejs wife but OSP will hold us up until a answer that might never come. I took it upon myself to try to get it cleared on my own I still have one more hoop trying to find proof the DA didn't press charges.. And mikej went to the court to get proof of a dismissal and they said they have no record of it. What do we do because I sure don't know?
These are eligible people being denied for trying to comply and do what is asked of them to use their rights promised to them in the Constitution. We are left denied our rights because our own government's court systems failed to properly handle and submit our paper work. Rights are not being granted due to a clerical error. How is this freedom and what does this say about gun control and those who comply with it because they are within their rights to buy and own firearms are denied or indefinitely delayed? These measures only help to keep guns out of the good guy's hands and makes one less person out there who could help stop or defend against the people these were created to stop. This is plain wrong and I'm not speaking out of just my own inconvenience.

 

[jefe]

Sounds like the real problem is the Oregon State Police.

I don't understand why everything has to go through the OSP, while other states seem to be functioning just fine directly using NICS.

 

[Thundergun]

I think OSP would love to approve it if they could. They make $10 off every sale and transfer. They're just following protocol. Something comes up but there is no answer to what happened dismissed, convicted, or other who knows. And who knows how long til they get a answer or when they even start on finding it? What incentive is there for them to do so quickly? This same problem could happen on a direct nics check.

The question is what happens when you're stuck in the grey area? What happens when they have to communicate with another state or entity to no avail? When there is no answer to be found on their inquiry? What happens if there is no record, lost document to be found, or a clerical error? What do they/we do? It's a matter of liability and that is understood but do you lose your rights because of a bureaucratic stalemate?

 

[Norm0931]

I think OSP would love to approve it if they could. They make $10 off every sale and transfer.

That money goes to the Legislature's general fund, not OSP. That's why SB941 was illegal IMO. They added an emergency clause to a revenue generating firearms' tax. Oregon law is pretty clear that legislation that generates revenue is strictly forbidden from having an emergency clause. The state government is so corrupt through Democratic control though, the Attorney General is not going to ever investigate a Democrat.

 

[Mikej]

Thundergun..... And then dig more later.

 

[jefe]

That money goes to the Legislature's general fund, not OSP. That's why SB941 was illegal IMO. They added an emergency clause to a revenue generating firearms' tax. Oregon law is pretty clear that legislation that generates revenue is strictly forbidden from having an emergency clause. The state government is so corrupt through Democratic control though, the Attorney General is not going to ever investigate a Democrat.

The information about "FICS" on the Oregon government website states that the $10 background check goes to fund the "Firearms Unit." The real question is what are the specifics involved with the funding of the Firearms Unit. Does the state of Oregon pay salaries and other overhead costs from the general fund, or does the Firearms Unit have its own financial account from where it draws its funds.

The legislature may claim that the costs involved with the Firearms Unit are covered because of the $10 fee, but that different from the money going directly from the gun dealer into a separate financial account controlled by the Firearms Unit.

In other words, I think you're right, Norm0931. SB941 is supposedly generating revenue in order to fund the Firearms Unit--but that $10 (in all likelihood) goes directly into the general fund, from which the Firearms Unit obtains its needed monies.

I wish we could get a lawyer to chime in.