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Hi there,

I'm looking for any advice about how to proceed.

Two years ago, I lost a job and pawned a shotgun that's been in the family for decades. I'd never pawned a firearm and didn't see the tiny sign on the pawn shop door that said I'd have to pass a background check to get it back. So stupid, and so embarrassing.

My background check was delayed because about a decade ago, I was found guilty of Misdemeanor Assault 4 after hitting a cyclist after drinking and driving. Even MORE stupid and embarrassing. The OSP FICS hotline people I've spoken to have been sympathetic; they said I just need to make sure I wasn't related to the person I hit, because technically that would be domestic violence and would disqualify me. Obviously, I'm not related to that individual. There's nothing else in question - I meet the Federal requirements. When I've spoken to OSP FICS, I've asked them which court docs they've requested, or which ones I can - I'm happy to help in any way that I can! They have no response. Honestly, I don't think they've done anything. In two years.

Every 60 days, I go pay the interest on the loan as I wait for Oregon to be competent. I've paid more than double in interest waiting for Oregon to do the background check than the original loan, and I'll continue to go pay it for as long as it takes.

I don't think I'm better than my criminal record (only the above, I'm 50), but this is just a family shotgun. Nobody in my family has been convicted of anything (except me, as related above). I did Hunter's Safety Course.

How can a State get away with failing to complete a background check as it relates to recovering a legal and legitimate firearm from a lending institution (per Fed guidelines)? How can this be legal? Don't state governments have a legal responsibility to provide background checks or other basic services within some reasonable timeframe (i.e. less than two years) as it relates to recovering properly? I'm not purchasing a new firearm.

Thanks for listening, this is crazy!
 
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When you pawn a gun, you have sold it to the shop. Sadly that limits your ability to get it back since you can't pass a bgc at this time. I would recommend having someone in the family that can pass a bgc go with you to the pawn shop, you pay off the loan and have the family heirloom shotgun transferred to them. You wouldn't and couldn't be in possession of it, even with the family gift rules in SB941 since you cant pass a bgc, but at least it would be back in the family. I would do this now before 114 goes into effect. If someone in the family has a concealed handgun license, have them do the bgc. They will pass quicker than non chl.

Just my 2 cents.
 
Ok. Let's start with this question.
Was your BGC delayed, or denied?

If it has been delayed, neither approved nor denied, I'd ask the pawn shop to release the firearm under the 3 day rule. The delay shows the OSP has not found grounds for a denial.
If it was denied, you need to find out if oregon allows a bearer (whoever has the ticket in hand regardless if they are or are not the one who initiated the pawn) of the ticket to pick up shotguns. I believe federal law allows ticket bearers to pick up rifles and shotguns.
 
I'm also confused on how the pawn doesn't work with you. Especially if it is in delayed statuses. Why are they charging you still? Did you not pay off the amount and such to get it back? I'd figured they would stop charging you once the 4473 got filled out.
 
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Suggestion. Have a trusted friend legally buy the shotgun, store it, and then you legally buy it from him later once you clear up the issue on you.
Beat me to it. This is the only solution until his situation resolves. Id have him work it out with the shop, explain that the shotgun has sentimental value thus the odd request to hold for a family/friend to purchase. However they only have until the 8th to do so before the great shutdown begins.
 
When you pawn a gun, you have sold it to the shop. Sadly that limits your ability to get it back since you can't pass a bgc at this time. I would recommend having someone in the family that can pass a bgc go with you to the pawn shop, you pay off the loan and have the family heirloom shotgun transferred to them. You wouldn't and couldn't be in possession of it, even with the family gift rules in SB941 since you cant pass a bgc, but at least it would be back in the family. I would do this now before 114 goes into effect. If someone in the family has a concealed handgun license, have them do the bgc. They will pass quicker than non chl.

Just my 2 cents.
Pawn shops are America's oldest form of loan systems. I don't believe you are correct in saying in taking a loan on an item is essentially selling it to the pawn shop. That's only if you don't repay the loan on it.

My 1¢.
 
Pawn shops are America's oldest form of loan systems. I don't believe you are correct in saying in taking a loan on an item is essentially selling it to the pawn shop. That's only if you don't repay the loan on it.

My 1¢.
In essence you are correct, but legally speaking the gun is on their books.
 
Its a straw purchase if you cant pass the background check..family or not. Still technically illegal. Your now on the internet posting these issues on a site that has known feds watching. So..Play it safe.
 
Hey, thanks to all for chiming in here and for these suggestions!

Re: why the Pawn shop isn't working with me on it, I've been frustrated by that, but now assume that they probably just want the gun. At this point, they've gotten lots of interest on the loan, and I'd guess it's good win for them if they can keep the gun, too. There have been a few managers at the shop since this began, and each one has said the same thing: "We follow the federal guidelines" and we don't release any firearms without a background check. Interestingly, my first background check disappeared from the system after the first months long delay, and when submitting it again, it went longer than three days without a response, and they still wouldn't release it to me.

Someone also mentioned paying off the loan, and then transferring it to someone in the family who could pass the background check. Is that a legal option reserved for family members? Unfortunately, I don't have any family in town, but maybe I could get someone to visit to take care of this.

At this point, I'd do anything. In my few conversations with FICS, they won't even tell which court documents I need to get in order to prove I'm not related to the person I ran into. My best guess is that starting with COVID, they got overwhelmed and put my request at the bottom of a pile and haven't done anything because it would require effort.

Someone mentioned expunging the charge...I've assumed that I'll just keep paying the bi-monthly interest until I do just that and can pass the background check.

Again, thanks to all for chiming in with advice!!
 
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And as far as playing it safe with known feds watching, I honestly don't want to do anything illegal. I'm just trying to get a family firearm back. Nobody in my family has been charged or perpetrated violence against anyone ever (except for my vehicular assault charge which I assure was NOT intentional, just idiotic). I meet the Federal guidelines to pass the background check. Even FICS believes I do, they just can't or won't do the research or obtain the necessary documents, nor have they indicated which docs I need when asked. I'm just dumfounded that this could draw out two years. This is seems like the kind of thing I pay state taxes for. It's also not cool that it's cost me twice as much (or more) in interest waiting for the background check to clear than the amount of the original loan!
 
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Wow, can I sell the gun while it's in pawn?
If you really want to keep the gun, it is probably cheaper to go in with someone who can legally buy and store it, figure out what the pawn shop wants for $ to 'release' it and have them legally buy it, and then you can get busy clearing your name and legally buying the gun from your friend at a later date.

This won't be viewed as a straw purchase so long as you handle both transfers legally relative to your State.
 
If time and $ isn't an issue, file an appeal.
2 years is beyond ridiculous. If your record does not show what they don't want to see, it shouldn't be on you to show them the records are correct. The process of providing documentation is to show records are INCORRECT not that they are correct.

Otherwise walk in with family/friend hand them the ticket infront of the manager and tell the manager you are releasing ownership and responsibility of the ticket to your friend/family member. Then, walk out the door and leave. Be sure you tell your friend/family member that they leave with the ticket or gun and not to walk out empty handed or the pawn shop may say you waived your claim to the shop.
 
Its a straw purchase if you cant pass the background check..family or not. Still technically illegal. Your now on the internet posting these issues on a site that has known feds watching. So..Play it safe.
At no point on this thread did anyone mention or illude to a straw purchase.
 

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