Another Background Check Delay.....

[Mikej]

From the perspective of having this done at least two times in my experience it seems odd that Oregon doesn't do the same.

Has something to do with Oregon using the State Police and Washington using NICS I would imagine.
One of the things I hear the lefty crew in DC want to do is make the NICS system better. I imagine that's something we'd all appreciate?

 

[Norm0931]

Not being a dealer I can't speak with experience as to why they release without a determination, my guess would be that the dealers are following the law as they see it, which is, if no answer within 3 days then they are allowed to release. If that's what the law says, and it apparently does, then it seems like a pretty good defense: "I did what the law said".

From the perspective of having this done at least two times in my experience it seems odd that Oregon doesn't do the same. I wonder if the laws are different in each state, with Oregon without that 3-day provision (?). I'd assumed that this was a Federal law- maybe it isn't.

No the 3 day release is a federal law. State's CAN have a law that overrides that date; that's allowable under the federal law. In Oregon we could also release the gun after 3 days.

"I did what the law said," is not a defense to the BATFE. The owner of the shop that the mother of Adam Lanza purchased her guns 2 years before her kid murdered her and then attacked Newtown Elementary, is STILL being sued over and over. Despite the fact that both the dealer and his mother were completely within the law and she'd had the guns for 2 years.

The dealer that released the firearm to the shooter it the church in Charlestown has been effectively shutdown by the BATFE, despite following the law. If you think the BATFE obeys the law, you are seriously misinformed. Perfect example; Ares Armor raided despite a federal restraining order.

 

[Doc In UPlace]

Shouldn't come as much of a surprise to hear that the US gun laws are conflicted with a mess of bureaucratic CYA hodgepodge.

When I picked up my suppressor, the sales guy at Wade's just stayed on the phone until the NICS person came on the line, gave some basic info like my DOB and place of birth and I was approved. And this is for an NFA item, seemingly more serious than a gun purchase.

So it begs the question, if the sellers would stay on the line and talk to someone would the 3 day delay be unnecessary? Seems like the gun store people get an automated reply then just hang up.

As to others taking that risk, the sellers in the instances when I was delayed all released after 3 days and they were unassociated businesses in different Washington cities, even. I think this is common here.

I'd like to hear from some WA state buyers if any, who had to wait longer than three days and what the outcome was. Maybe a good topic for another thread.

 

[jbett98]

A pawn shop in Tigard just informed me that they will hand over my pistol three days after the OSP expiration date on 6/28/16.
If the OSP doesn't contact them and extend the delay, then they will contact me and I can retrieve it after the third day.
I just faxed the OSP my 1980 class B misdemeanor record I just received from Utah and hopefully that will clear things up even thou I did their homework for them.

 

[billdeserthills]

I just got my third deny in three years, not delay, deny. I am 100% legal to own a firearm. After the last one I got it in writing from the FBI just in case I ever had any grief over a failed NICS check. (something to at least show the FFL so they don't freak out too much)

NRA-ILA | No Way Out: Feds Stop Processing NICS Denial Appeals (https://www.nraila.org/articles/20160122/no-way-out-feds-stop-processing-nics-denial-appeals)

I have a Washington CPL and Oregon CHL

The most screwed up part about it? the FBI has quit processing appeals. The two rifles I got the deny on where pre-paid and sent to the FFL, About $2700 worth. They are now stuck there. They cant be transferred to someone else. In the past it was a hassle but I figured I could get the deny overturned it was just a matter of dealing with the FBI. Now they are saying it could be 12-14 months before they start processing appeals again and at that point they start with the oldest first. So it could be 18 months or more before I could get it resolved. My attorney has filed a formal complaint with the FBI and wants to sue them but I don't have the cash to make it an issue.

My research shows that about half of all denies are given to people who are later shown NOT to be prohibited persons

You think a delay is a pain, Try dealing with this BS... Its a nightmare. They got you by the cajones and its impossible to do anything without spending real money with on a lawyer. You as an individual cant even contact anyone or ask any questions. You can call the NICS, but they just tell you they cant tell you anything.

Each time I have got it squared around they have told me everything was good, nothing more to worry about, then it happens again. So far I have spent around $7500 fighting this and that doesn't include anything for this latest one, just the last two.

My feeling is I have to fight though, What choice do I have but to spend what ever it takes?

I actually bought a gun online years ago and then I was denied. The vendor told me they had a 100% fee in the event I failed to transfer and tried to keep my money and the gun too. I had a friend who owned a gun shop and he sent that vendor a copy of his FFL with a note to transfer that gun to his store, and I had him sell the gun for me. That fixed part of my problem, the rest was fixed when the judge signed off on my rights restoration letter

 

[etrain16]

Got my first ever delay today, but it had nothing to do with me. Stopped by my FFL on the way home to pick up a gun I ordered, got in the queue, was next in line, then....nothing. A note popped up from OSP saying the NICS system was down for 'routine maintenance' for an indeterminate amount of time. No estimate when it would clear, so I left and will go back after they get it sorted out. I'm imagining this will end up holding up a lot of folks today, depending on how long it takes for them to get back online. Maybe they're running on Delta's computer system...

 

[Joe13]

Got my first ever delay today, but it had nothing to do with me. Stopped by my FFL on the way home to pick up a gun I ordered, got in the queue, was next in line, then....nothing. A note popped up from OSP saying the NICS system was down for 'routine maintenance' for an indeterminate amount of time. No estimate when it would clear, so I left and will go back after they get it sorted out. I'm imagining this will end up holding up a lot of folks today, depending on how long it takes for them to get back online. Maybe they're running on Delta's computer system...

You shop at an FFL!

Routine maintenance is done at night. Emergency service is done during the day - just sayin.

 

[etrain16]

You know, this has got me thinking - how very easy it would be for the government to conveniently let the NICS system go down on a regular basis - holding up thousands and thousands of transactions every day. So you're required to get the government's blessing to buy your gun, the same government that can't run a decent computer system to save their own lives. What a crock.

 

[etrain16]

You shop at an FFL!

Routine maintenance is done at night. Emergency service is done during the day - just sayin.

Bought online...

He was just reading what the note on the screen said. I would agree, this shouldn't be 'routine'. Unless, this is a new tactic by the anti's in government to routinely interrupt our ability to buy guns...

 

[nammac]

Bought online...

He was just reading what the note on the screen said. I would agree, this shouldn't be 'routine'. Unless, this is a new tactic by the anti's in government to routinely interrupt our ability to buy guns...

Perhaps they're so busy they've encountered a database storage shortage and need to allocate more disk space and then more table space to hold all the records....

Just sayin'

 

[jbett98]

After calling OSP on a weekly basis to get some action on my soon to be three month delay, I finally got a supervisor to move my delayed file to the head of the line.
He said it should be handled in only three days.
I'm in the middle of having my class B misdemeanor expunged in Utah, so this won't be a problem ever again I hope.

 

[oremike]

I was delayed yesterday as well, but passed right at the end of the day so I'll get my .22 today. One thing me and my gun buddy's have noticed is that they are digging further and further back as they input old records. We both have bought a few guns over the years only to be recently delayed for something they dug up 30 to 40 years ago. Way back then both our cases had been dismissed but the clerk or someone didn't enter it or do the paperwork or something. The State Police had to get a statement saying the court(s) had no interest in us, but after that I've not had anymore delays, well other than "computer problems" like yesterday.

 

[Sapmo]

How long has it been now?

working on month 4 now. Probably the only name like mine in the world.

 

[The Heretic]

Q: Has anybody ever been delayed/denied on a private transfer in Oregon?

If so, was the seller required to have a BGC to have their firearm "returned" to them from the FFL conducting the BGC?

My assertion is that the FFL never takes legal possession of the seller's firearm and therefore no BGC is required.

 

[billdeserthills]

After calling OSP on a weekly basis to get some action on my soon to be three month delay, I finally got a supervisor to move my delayed file to the head of the line.
He said it should be handled in only three days.
I'm in the middle of having my class B misdemeanor expunged in Utah, so this won't be a problem ever again I hope.

I hope you never find out just how hidden your expunged files are--If you are ever again labeled a 'criminal' it sure is funny how all those supposedly 'expunged' files are all Unexpunged. I remember my attorney telling me how 'expunged' was like 'It had never happened' 20 years later I was accused of resisting arrest and magically all of the old information was brand new again

 

[Switchblade666]

I got put on the "Delay" status yesterday for the first time. I'm in Washington and hold a CPL. I have never had this issue. Really curious if the only reason I was delayed was because it was a Friday afternoon, or perhaps it is because I am purchasing an AR. Wondering if I should call the shop in purchased it from yesterday and see if the check is ok and the delay is lifted or just wait. I don't want to annoy the shop, but then again it was an expensive buy and this has never been an issue before. Any advise out there? Thanks guys, and glad I found this group!

 

[Ura-Ki]

I would hold on a few days before calling and asking! The Shop should contact you as soon as the All Clear comes in, so I would just wait it out! I know, it's the ants in yer pants deal, getting a new toy, but some times these things take time! Hopefully, it's just a glitch on their end and you don't get the big pickle!

 

[Alexx1401]

I got put on the "Delay" status yesterday for the first time. I'm in Washington and hold a CPL. I have never had this issue. Really curious if the only reason I was delayed was because it was a Friday afternoon, or perhaps it is because I am purchasing an AR. Wondering if I should call the shop in purchased it from yesterday and see if the check is ok and the delay is lifted or just wait. I don't want to annoy the shop, but then again it was an expensive buy and this has never been an issue before. Any advise out there? Thanks guys, and glad I found this group!

It just happens since it's a Government agency this stuff happens. I had one years ago where as I was getting in my car they ran out and said it was clear. Had another several months ago that took a weekend. It was a Friday and it was not until Monday that it went with go ahead.

 

[IronMonster]

My last few transactions were delayed with no call ever from the FBI. The shop let me take them after the three days and every time I go in there I ask if they've ever got a call and they reply nope. I have concealed cards in several states and get delayed 99% of the time ( in the last 30 or so transactions one was not delayed)

 

[mjbskwim]

My last few transactions were delayed with no call ever from the FBI. The shop let me take them after the three days and every time I go in there I ask if they've ever got a call and they reply nope. I have concealed cards in several states and get delayed 99% of the time ( in the last 30 or so transactions one was not delayed)

You got enough time back in Idaho to get your permit?
Heck being delayed is the only reason I have mine.
If I was to go to Twin or IF and see something I had to have,it would be a pain in the azz to travel back down next week