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Oregon Background Check question for FFLs

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I have a question, I've been told (and it has been done) that for me as a non citizen but legal resident alien, the background check needs to be "called in" and cant be done using the inline system.

That results in a long wait (24h last time) which is somewhat very inconvenient if wanting to purchase a firearm further from home.

There is nothing on my record or anything and at cabelas I was told that they have to do this with permanent residents or the ATF gets mad???

I desperately tried to find the law regarding this but come up with nothing.

Can anyone who knows this stuff enlighten me what this is about and why I am being discriminated like this? Does a "declaration of intend to become a citizen" change this?
 
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No discrimination, you get to fill out a form # 4473 like the rest of us. OSP decides how the procedure goes based on the answers and documentation supplied.

If you answer yes to form# 4473 question 12.d.1 , then supplemental documentation may be required per questions 18.b & 18.c

This will probably require a conversation between the dealer and OSP, even if the process began with an online inquiry.


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I don't know if it is policy or a law or what but my wife went to buy me a handgun that I had been looking at for my birthday and they hit her with a delay also. Delays are usually a few days but hers was 24 hours. She's also a non-citizen, legal alien with no criminal record. This was a mom & pop's LGS.
 
OP
Knebel
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Yep. I was told for non citizen they ALWAYS have to call. I don't understand why,same form, same answers...nothing special. Nobody can really tell me why or what the law is. When I say "but there is no law" I get an answer like "well we have to do it". But...Whyyyyy? lol I have no record or anything,not prohibited... They just see the alien card and have to call. First time was "oh...you are one of those, I have to call that in and we have the answer tomorrow".
 
OP
Knebel
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Wait a minute... question 12d1. Admitted under a non-immigrant visa. I was admitted under the K1 marriage visa.... Isn't that an immigrant visa and I should answer "no" to the question????

Edit: look at that, I cant remember if I answered yes or no to this one. But it should definitely be NO
 
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:s0137:
Being as most of the people that I know have at one time or another been delayed on gun purchases, permit issuance, security clearances, etc I find it mildly amusing that you believe you are encountering discrimination based on your nationality. :s0161:

I don't know what country your from however I suspect I would likely have a much harder time legally purchasing a gun in your home country.
 
OP
Knebel
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Yes thats true, it is harder in my homecountry to purchase a firearm legally. I never said I was discriminated for where I'm from.

I mean that it is discriminating when an alien resident has the same constitutional rights as a citizen, but the alien resident gets their right delayed because of said status. And I am most certainly dont have any racial profiling issue with my apperance.

I was told that for "non citizens" it always has to be called in and "takes longer". So the question is: why? what law what ATF policy, what federal policy what bgc policy!? Thats simply what I want to find out but literally everyone I have brought this up with has no idea and says "it just is". So if I'm being delayed for a right that I have just like everybody else,I would like to know where I can find said law or policy.


Oh one more thing, It doesn't matter what my home country does,i frankly don't give a crap. I am are resident of the United States and live under those laws and rights now.
 
OP
Knebel
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Lol K1 fiance visa is a non immigrant visa but treated and processed by DHS and USCIS as immigrant visao_O:confused:
 
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You ask a great question and I don't see a clearly defined answer. My guess is the complexity and time it takes so they have some staff reserved to deal with the challenges beyond what is captured on the 4473 for everyone else. See the attached primer to follow the workflow for the background check with an alien link
 
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Simply put, the reason for the "delay" is that the current system is primarily set up for US citizens. The "on line" input program from OSP does not allow for non-immigrant alien and/or immigrant alien information to be entered. Therefore these types of transactions have to be "phone call" type entries to make sure relevant information to the background check is recorded and input correctly. The typical 24 hour "delay" is the time it takes to clear through the additional databases due to your "alien" status.
 

Mikej

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Everything I've heard about buying a gun at Cabela's usually includes a complaint about it taking SO much longer than any other FFL's. Even at off-peak times. You may actually be able to consider yourself lucky if you get OK'd in 24 hours. :s0092:
 

bbbass

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I typically get delayed. Sometimes it's a couple hours, but usually it's 3 days. One purchase had me delayed for a whole year!! Talk about discrimination! I think they secretly hate me and want to give me grief so that I don't buy any more firearms!!!
 

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