Oregon Background checks deliberately stalled?

[arakboss]

We should all get together and pay for a class-action lawsuit violation of our 2nd amendment right

I know a guy who can help.

John Kaempf – Kaempf Law Firm, PC

John Kaempf is a seasoned trial and appellate lawyer with 34 years of experience representing churches and religious schools in Oregon’s state and federal trial and appellate courts. His practice focuses on defending lawsuits against churches and religious schools, and asserting constitutional...

www.kaempflawfirm.com

 

[PADRE]

Oct. 15th I stood in a Salem gun shop on a Saturday morning while I was approved. Maybe enough chatting time to drink a cup of coffee.

Dec. 15th I "bought" another gun on sale (w/CHL). Not at the back of the queue then, but ahead of 1/3. Now, on Jan. 31, I am at still #2,999.

 

[Member 24198]

Oct. 15th I stood in a Salem gun shop on a Saturday morning while I was approved. Maybe enough chatting time to drink a cup of coffee.

Dec. 15th I "bought" another gun on sale (w/CHL). Not at the back of the queue then, but ahead of 1/3. Now, on Jan. 31, I am at still #2,999.

Was your first one an instant or required human approval?

 

[PADRE]

Dunno.
Sent. Waited. Checked. Approved.

 

[Member 24198]

Dunno.
Sent. Waited. Checked. Approved.

If they typed it into the computer, and you got approved, it was instant. If they typed it in, and then waited, it required an Oregon human clerk.

 

[PADRE]

human

 

[Mr J]

Has anyone dealt with a seller who insists that they need to "rerun" a check after it clears if the time to clear was greater than 30days?

On Monday, mine finally cleared after 9 weeks of waiting. Now seller is telling me they need to contact OSP again and "rerun" the check because it's been so long since the initial purchase. They are also telling me they are unable to get thru to OSP due to call volume.

 

[Member 24198]

Has anyone dealt with a seller who insists that they need to "rerun" a check after it clears if the time to clear was greater than 30days?

On Monday, mine finally cleared after 9 weeks of waiting. Now seller is telling me they need to contact OSP again and "rerun" the check because it's been so long since the initial purchase. They are also telling me they are unable to get thru to OSP due to call volume.

I've heard, I'm not a lawyer or FFL, that they only need to have you fill out another 4473 and a new BGC is not necessary. The 4473 is supposedly just paperwork for the FFL.

 

[ilikegunspdx]

I've heard, I'm not a lawyer or FFL, that they only need to have you fill out another 4473 and a new BGC is not necessary. The 4473 is supposedly just paperwork for the FFL.

Yea I'm pretty sure that info is in the thread above somewhere. Seems to me they had to call OSP to get a new number for the 4473 and then it's done. But that's just what I recall from skimming the thread earlier and may be wrong.

 

[scottnorthwest]

So how long are you guys having to wait?

 

[Mr J]

So how long are you guys having to wait?

I filled out the 4473 on Dec 11. Still waiting. I've also had a CHL for over 20 years.

In early 2022 I bought a pistol and it cleared instantly. That was on the tail end of all the COVID panic by buying so sales volumes were still quite high back then.

 

[Member 18201]

Has anyone dealt with a seller who insists that they need to "rerun" a check after it clears if the time to clear was greater than 30days?

That would be Federal ruling. No need to blame the seller.

A search of " 30 days 4473 " brought up this-

How long is a NICS check valid? | Bureau of Alcohol, Tobacco, Firearms and Explosives

A NICS check is valid for 30 calendar days, for use in a single transaction. The 30-calendar day period is counted beginning on the day after NICS was initially contacted. Where more than 30 calendar days have passed since the licensee first contacted NICS, the licensee must initiate a new NICS...

www.atf.gov

"A NICS check is valid for 30 calendar days for any transaction. The 30 calendar day period is counted beginning on the day after NICS was initially contacted.

Where more than 30 calendar days have passed since the licensee first contacted NICS, the licensee must initiate a new NICS check prior to transferring the firearm. It is not necessary to complete a new ATF Form 4473, but the results of the new NICS background check must be recorded on the form.

Example 1

A NICS check is initiated on May 15. The licensee receives a "proceed" from NICS. The transferee does not return to pick up the firearm until June 22 of the same year."

The licensee must conduct another NICS check before transferring the firearm to the transferee."

 

[Member 24198]

That would be Federal ruling. No need to blame the seller.

A search of " 30 days 4473 " brought up this-

How long is a NICS check valid? | Bureau of Alcohol, Tobacco, Firearms and Explosives

A NICS check is valid for 30 calendar days, for use in a single transaction. The 30-calendar day period is counted beginning on the day after NICS was initially contacted. Where more than 30 calendar days have passed since the licensee first contacted NICS, the licensee must initiate a new NICS...

www.atf.gov

"A NICS check is valid for 30 calendar days for any transaction. The 30 calendar day period is counted beginning on the day after NICS was initially contacted.

Where more than 30 calendar days have passed since the licensee first contacted NICS, the licensee must initiate a new NICS check prior to transferring the firearm. It is not necessary to complete a new ATF Form 4473, but the results of the new NICS background check must be recorded on the form.

Example 1

A NICS check is initiated on May 15. The licensee receives a "proceed" from NICS. The transferee does not return to pick up the firearm until June 22 of the same year."

The licensee must conduct another NICS check before transferring the firearm to the transferee."

Careful what you read on the ATF FAQ page, it seems they've had either interns or have been purposely posting incorrect stuff.

 

[Mr J]

That would be Federal ruling. No need to blame the seller.

A search of " 30 days 4473 " brought up this-

How long is a NICS check valid? | Bureau of Alcohol, Tobacco, Firearms and Explosives

A NICS check is valid for 30 calendar days, for use in a single transaction. The 30-calendar day period is counted beginning on the day after NICS was initially contacted. Where more than 30 calendar days have passed since the licensee first contacted NICS, the licensee must initiate a new NICS...

www.atf.gov

"A NICS check is valid for 30 calendar days for any transaction. The 30 calendar day period is counted beginning on the day after NICS was initially contacted.

Where more than 30 calendar days have passed since the licensee first contacted NICS, the licensee must initiate a new NICS check prior to transferring the firearm. It is not necessary to complete a new ATF Form 4473, but the results of the new NICS background check must be recorded on the form.

Example 1

A NICS check is initiated on May 15. The licensee receives a "proceed" from NICS. The transferee does not return to pick up the firearm until June 22 of the same year."

The licensee must conduct another NICS check before transferring the firearm to the transferee."

Thanks for the explanation.
It makes sense in most cases where a direct ping to NCIS would immediately yield a response.

Unfortunately, for us Oregonians, the follow up check seems to drop into the same bureaucratic abyss as the 1st one. As of this writing, I'm now at 3 days and counting for the re-run to process. That leads me to the ridiculous hypothetical of; "what happens if the re-run takes more than 30 days?"

 

[scottnorthwest]

I filled out the 4473 on Dec 11. Still waiting. I've also had a CHL for over 20 years.

In early 2022 I bought a pistol and it cleared instantly. That was on the tail end of all the COVID panic by buying so sales volumes were still quite high back then.

So you still cannot get the firearm?

 

[PiratePast40]

I was told yesterday that they are at 20,000 waiting for background checks with CHL holders at 12,000. Phone-ins are hitting the 3 hour on hold disconnect more often than before.

 

[scottnorthwest]

All they are gonna do is encourage illegal sales with that nonsense! That has to be hurting the dealers.

 

[Mr J]

So you still cannot get the firearm?

No, not yet. Day 4 still waiting on rerun.

 

[CLT65]

I filled out the 4473 on Dec 11. Still waiting. I've also had a CHL for over 20 years.

In early 2022 I bought a pistol and it cleared instantly. That was on the tail end of all the COVID panic by buying so sales volumes were still quite high back then.

I bought one at BiMart over a month ago, and he told me they were going by date, numbers didn't matter and CHLs didn't matter now. He said at the time that they were getting approvals for early December. The whole fiasco has me confused.

 

[scottnorthwest]

I bought one at BiMart over a month ago, and he told me they were going by date, numbers didn't matter and CHLs didn't matter now. He said at the time that they were getting approvals for early December. The whole fiasco has me confused.

Still waiting?