delayed firearms purchase.

[RK600]

According to Oregon law, they cannot delay delivery of the firearm more than three business days. Maybe if you print that out and take it to the shop they will release your firearm per Oregon law.

Here is the ORS relevant to your situation: ORS 166.412 - Definitions - 2011 Oregon Revised Statutes

Note section 3, part C:

If the department fails to provide a unique approval number to a gun dealer or to notify the gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close of the gun dealers next business day following the request by the dealer for a criminal history record check, the dealer may deliver the handgun to the purchaser.

 

[RK600]

The Oregon State Police do not have a policy of informing gun dealers that they are, in fact, allowed to make the transfer without an approval after the specified time. Dealers in states who contact NICS directly are informed of the Federal Law which allows transfers to take place without an approval after three business days.

Also of note.

 

[gaijinsamurai]

I just wrote an e-mail to my State Representative (Jeff Barker) regarding the situation.

 

[gaijinsamurai]

According to Oregon law, they cannot delay delivery of the firearm more than three business days. Maybe if you print that out and take it to the shop they will release your firearm per Oregon law.

Here is the ORS relevant to your situation: ORS 166.412 - Definitions - 2011 Oregon Revised Statutes

Note section 3, part C:

Also of note.

Thank you. I called the gun store and asked them if they were aware of this stipulation to the law, and received a vague, non-committal answer. If I am not allowed to purchase the firearm within the three day period, I will ask for a refund, and acquire one by other means. Again, I am NOT a convicted felon, and have nothing on my record which legally prohibits me from purchasing a firearm!

 

[RK600]

SO that ORS states Handgun. If the guy above is buying a rifle, does that law still apply? I'm curious now.

 

[gaijinsamurai]

Good news!

I received a phone call from Oregon State Police.
Evidently, the person conducting the background check confused me with a person with the same date of birth and a similar sounding name. I've been cleared to buy the shotgun, and will do so today, after work.

 

[DieselScout]

Good news!

I received a phone call from Oregon State Police.
Evidently, the person conducting the background check confused me with a person with the same date of birth and a similar sounding name. I've been cleared to buy the shotgun, and will do so today, after work.

Glad to hear it, sounds like someone needs some remedial training.

 

[Steve M]

This happened to me yesterday, and I am livid!

Just some thoughts why.
- Is you name common like Bob Smith
- Did you use DL or CHL as ID
- Did you give SSN

None of these should affect your ability to buy a gun, but I can see how someone not very friendly to gun owners could use that against you.

Is the gun shop one of those places that makes you wait it out or the kind that will sell to you after 3 days? If it were me I'd say sell to me in 3 days or I'm going elsewhere.

Whatever you do, write you representatives about it if you haven't already done so. The Senate Rules Committee too.

EDIT: Missed reading a bunch of replies that addressed much of this.

 

[gaijinsamurai]

Thanks, Steve. And yes, I have a somewhat common name.
To their credit, OSP took responsibility for their error and apologized.

 

[nehalemguy]

According to Oregon law, they cannot delay delivery of the firearm more than three business days. Maybe if you print that out and take it to the shop they will release your firearm per Oregon law.

Here is the ORS relevant to your situation: ORS 166.412 - Definitions - 2011 Oregon Revised Statutes

Note section 3, part C:

OSP cannot delay delivery but the dealer certainly can if a buyer is in "pending" purgatory.

I have talked with folks who have had this problem with Sportsman's Warehouse, Dicks, and some of the other big box dealers.

Best advice is to talk first with a local dealer IMO.

E

 

[PiratePast40]

Like others, I'm happy for you. But let's not lose sight of the fact that it took two and a half months for you to get "permission" from the government to exercise a constitutional right. It's human nature to be relieved when we're finally told that we're not in some sort of trouble. We typically just want the bad stuff to go away so we can go on with life.

I think it's important that you write to Kevin Starrett at OFF and let him know what has transpired. Kevin is one person who can use this experience to help prove our point of how through negligence, incompetence, or some other error, a persons legal rights can be withheld.

 

[sobe911]

I think the OP isn't telling us everything with this.

 

[gaijinsamurai]

I think the OP isn't telling us everything with this.

I wouldn't be too quick to judge or make inuendos. Perhaps you are correct, but when I looked at the Oregon Firearm's Federation's site during my recent troubles, I found that this issue is a common occurance, and many law abidig citizens have been unjustly delayed.

 

[LaGrand22]

The osp delays for the sake of budget cuts and lack of funding. They are trying to say with out them in the check process it takes longer. When in reality they simply are just complicating the process.

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