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Delayed.... THANKS OSP!

Discussion in 'General Firearm Discussion' started by cueball1214, Jul 12, 2013.

  1. cueball1214

    cueball1214 Beaverton Active Member

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    Just venting but came up delayed on a pistol i have been waiting to buy for a few months and finally found a price i liked. Was kinda hoping to get it to the range. Now i get to wait another 3 days before i can get it. At least that's what i have been told, and i have read on the OFF website. Just irritating. All the gun grabbers want to expand these checks, i have had one mistometor 4 1/2 years ago for Reckless driving, would that really bring me back as Delayed? What if i was trying to get a fire arm cause some one was threatening me or my family, i get delayed then we get attacked at night!
    Well Venting session done. Haven't posted on here in a while either.
     
  2. biggie24420

    biggie24420 Beaverton Oregon Well-Known Member

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    I have bought many guns and I never had any problems. I can only imagine how pissed one could get over something like this. Personally, if I felt my life was in danger and I had to purchase a gun, I'd go the private sale route.... perfectly legal (assuming both seller and buyer are from the same state the weapon is being sold in).

    If I am not mistaking, after 3 days, they have to sell you the gun?

    Good luck!
     
    1 person likes this.
  3. cueball1214

    cueball1214 Beaverton Active Member

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    oh i don't want to make it seem like my life is in danger, just living in the hypothetical world. The guns i own now have been though private sale. Just irritating. And blowing off steam. The shop i was doing the transfer at did not say anything about the 3 day thing which surprised me. i had heard about it, but didn't want to say anything about it a look like a moron if i was misinformed.
     
  4. biggie24420

    biggie24420 Beaverton Oregon Well-Known Member

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  5. accessbob

    accessbob Molalla, OR 2A Supporter

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    And, actually it is 3 BUSINESS DAYS not counting today. So, the 3 days would be Mon, Tues, and Wed.
     
  6. cueball1214

    cueball1214 Beaverton Active Member

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    Yeah i figured, i just wanted to go out and shoot it this weekend lol. And the fact that i was pretty excited to get it! i got to hold it and inspect it and then i can bring it home lol.
     
  7. cueball1214

    cueball1214 Beaverton Active Member

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  8. accessbob

    accessbob Molalla, OR 2A Supporter

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    Yeah, I know the feeling. I bought my Mosin M38 on a Wednesday. I got delayed. The next day was Thanksgiving, so I had to wait for Friday, Monday, and Tuesday. I couldn't get there on Wednesday because the kids had Youth Group so I had to wait until Thursday. Long week for me.
     
  9. nehalemguy

    nehalemguy Vernonia Well-Known Member

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    Oregon law allows dealers to complete a transfer after three business days on a delay. However, the law does not say that they must complete the transfer. It is at the discretion of the dealer.

    Some dealers (i.e. Sportsman's & Dick's) are either unaware of the clause or simply unwilling to abide by it, choosing instead to not release firearms until they have an "Ok" from OSP.

    This is why I choose to do business with a dealer who knows the letter of the law and is willing to exercise it.

    E
     
  10. accessbob

    accessbob Molalla, OR 2A Supporter

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    It is Federal law, not Oregon law.

    ~~ Bob
     
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  11. nehalemguy

    nehalemguy Vernonia Well-Known Member

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    OK, whatever.

    Oregon Revised Statute 166.412

    http://www.leg.state.or.us/ors/166.html

    (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 dealer’s next business day following the request by the dealer for a criminal history record check, the dealer may deliver the handgun to the purchaser.


    No matter if it's based on Federal or State regulations, OSP cannot keep purchasers in a permanent "delayed" limbo.

    E
     
  12. Don H

    Don H Oregon Well-Known Member

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    If you have already paid for the gun, then they have to complete the transfer after the three business day delay because it is your property. However, if you have not already paid for it then it is their discretion.

    I got delayed on both purchases I made in December because I hadn't been in Oregon long and these were my first firearm purchases. I paid for each up front and picked them up after the delay expired. Now, I finally have my carry license and my last purchase took only a couple of minutes in queue. :)
     
  13. cueball1214

    cueball1214 Beaverton Active Member

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    Well this is form a dealer who how i have gone to for all my other Ammo needs. Form what i can tell the are pretty knowledgeable and i dought they would be the kind to chose to hold after 3 day. The gun is paid for, so i don't see any problems getting it Thursday, if not before hoping the delay comes back approved today or even tomorrow.
     
  14. nehalemguy

    nehalemguy Vernonia Well-Known Member

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    Show me where it is written in the law that the dealer MUST complete the transaction.

    It is the policy of some dealers to not release firearms until the have an "approval" from OSP and there is nothing written in the statute that requires them to do so, even if the firearm has been paid for in full. It happens quite frequently, especially at the big box retailers and why I stated earlier "know your dealer".

    E
     
  15. Don H

    Don H Oregon Well-Known Member

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  16. orygun

    orygun West Linn Bronze Supporter Bronze Supporter

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    I've purchased many firearms from dealers and one time got a "delay". By the time I got home the very next day I had a message from that dealer telling me to come pick up my gun.
    Yeah, it's frustrating, but there's not too much you can do about it, with the exception of a face to face sale.
     
  17. nehalemguy

    nehalemguy Vernonia Well-Known Member

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    Both Federal and State language say "may transfer" and "may release" but not "shall". Totally up to the dealer if they wish to complete the transfer.

    28 Code of Federal Regulation Part 25—The National Instant Criminal Background Check System (NICS)

    Section 25.6(c)(1)(iv)(B)—Delayed response provided to FFL:

    (B) “Delayed” response, if the NICS search finds a record that requires more research to determine whether the prospective transferee is disqualified from possessing a firearm by federal or state law. A “Delayed” response to the FFL indicates that the firearm transfer should not proceed pending receipt of a follow-up “Proceed” response from the NICS or the expiration of three business days (exclusive of the day on which the query is made), whichever occurs first. (Example: An FFL requests a NICS check on a prospective firearm transferee at 9:00 a.m. on Friday and shortly thereafter receives a “Delayed” response from the NICS. If state offices in the state in which the FFL is located are closed on Saturday and Sunday and open the following Monday, Tuesday, and Wednesday, and the NICS has not yet responded with a “Proceed” or “Denied” response, the FFL may transfer the firearm at 12:01 a.m. Thursday.)


    Oregon Revised Statute 166.412

    http://www.leg.state.or.us/ors/166.html

    (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 dealer’s next business day following the request by the dealer for a criminal history record check, the dealer may deliver the handgun to the purchaser.

    E
     
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  18. Don H

    Don H Oregon Well-Known Member

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  19. nehalemguy

    nehalemguy Vernonia Well-Known Member

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    The not so great part about the "delayed" 3 day transfer is that many FFL dealers are not aware of it and OSP will not advise them that they have this option.

    I know a dealer here where I live that had a 30+ day delay about a year ago for a customer.

    I asked him "Why don't you just complete the transaction?" His response was "What? You can do that?"

    I directed him to the proper website to read it for himself and the customer had his firearm that day.

    E
     
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  20. nehalemguy

    nehalemguy Vernonia Well-Known Member

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    :bluelaugh: Billy isn't that bad.

    I think that the purchase/transfer of possession is a grey area in these cases, but the law seems to be on the side of the dealer if they choose to not complete the transaction since there does not seem to be any language saying that they must hand a firearm over on a delayed status.

    E