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Background Check Time Limit

Discussion in 'Firearm Laws & Legal' started by LuLuBelle, Jun 16, 2016.

  1. LuLuBelle

    LuLuBelle Portland, Oregon New Member

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    Is there any statute that limits the time that the government has to complete a background check in order to purchase a firearm ?
     
  2. bolus

    bolus Portland Gold Supporter Gold Supporter 2015 Volunteer 2016 Volunteer

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    3 days. It is still up to the gun shop to determine if they want to transfer it while the check is still delayed.

    "If the FFL has not received a final determination from the NICS after three business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must check “no resolution was provided within three business days” on line 21d of the ATF Form 4473."

    A NICS Delay (https://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/a-nics-delay)
     
    mjbskwim and Joe13 like this.
  3. LuLuBelle

    LuLuBelle Portland, Oregon New Member

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    So on April 26th of this year, I made a purchase of a firearm. I currently have a CCW permit active in Utah, Oregon ( where I live ), Washington, and Idaho, meaning I have always passed any background check. When they called to get the background check clearance the dealer was given a "delay" response. I couldn't imagine why. A month later on May 26th, I called the Oregon State Police, firearms unit and asked them "whats going on". I was told then that they had found that in 1971 ( while I was in college in Miami ) I was arrested for possession of less than an ounce of marijuana. They could not get a record of the disposition of the case. I told them that the charges were dropped, and besides, it was a minor misdemeanor offense anyways. I was then told that until the court system in Miami sends them the resolution of that case, they can delay me "until the cows come home". My question is ... is that true ??? What would you do if you were me ???
     
  4. Osarion

    Osarion Snohomish County, WA Well-Known Member

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    Well my first move would be to contact the court and find out how to get the disposition for that pot case yourself. You can petition the court for that.

    If that doesn't work, you'll want to speak with an attorney, or try to do the legal leg work yourself if you feel you can.
     
  5. NWGlockgal

    NWGlockgal Oregon Well-Known Member

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    Given that pot is now legal in Oregon, I'm surprised the OSP is worried about it.
     
  6. Certaindeaf

    Certaindeaf SE Portland Well-Known Member

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    Since you have an Oregon permit, it's a renewal. Seems pretty odd that they'll not renew it because of stuff they initially approved of.. that happened in 1971.
     
  7. jim97701

    jim97701 Bend Well-Known Member

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    I don't think he's trying to renew his permit, he has been delayed on a firearm purchase due to the old pot charge.
     
  8. rp243

    rp243 Monitor, OR Member

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    I just went through something like this. I was delayed for 54 days, the initial notice was for 34. When I called to ask why there was a charge against me from 10 years ago and they did not know if it was a felony or misdemeanor. They told me if I had records it would speed up the process. I happen to have the resolution paperwork so I faxed it to them. Even after all that they told me they would still have to call and check with the DA there just to be sure. My question was: "If you were going to have to call and check anyway why didn't you just call." They delayed the whole process waiting for me to fax paperwork that they would not use to resolve the problem anyway.

    Worst customer service I have ever paid taxes for in my life.
     
  9. Cogs

    Cogs Washougal, WA. Volunteer Coordinator Staff Member 2015 Volunteer 2016 Volunteer

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    The court may not have that case readily at hand (in digital format). Call them and ask. Suggest they may find it on microfiche files from 1971. They should be able to find everything about the case rather quickly.

    I would ask them to send you a copy and sent it to OSP (best to have a delivery address handy for OSP). May be the quickest way to resolve it. (It is rather ridiculous!)