Delayed.... THANKS OSP!

[accessbob]

OK, whatever.

Oregon Revised Statute 166.412

https://www.oregonlegislature.gov/bills_laws/ors/ors166.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

But authorized under FEDERAL LAW:

§ 478.102 Sales or deliveries of firearms on and after November 30, 1998. (a) Background check. Except as
provided in paragraph (d) of this section, a
licensed importer, licensed manufacturer,
or licensed dealer (the licensee) shall not
sell, deliver, or transfer a firearm to any
other person who is not licensed under
this part unless the licensee meets the
following requirements:
(1) Before the completion of the
transfer, the licensee has contacted
NICS;
(2)(i) NICS informs the licensee that
it has no information that receipt of the
firearm by the transferee would be in
violation of Federal or State law and
provides the licensee with a unique
identification number; or
(ii) Three business days (meaning
days on which State offices are open)
have elapsed from the date the licensee contacted NICS and NICS has
not notified the licensee that receipt
of the firearm by the transferee would
be in violation of law; and
(3) The licensee verifies the identity of the transferee by examining the
identification document presented in

 

[df662]

I made my first firearm purchase here in OR a couple of weeks ago (colt 6920). I have a AZ DL but I have a residence here in OR and AZ. I had to school the dealer a bit as far as the law goes, at first he was saying that I couldn't purchase without a OR DL or ID. I had my NFA/class 3 paperwork with me showing my OR address. I asked him to call the local ATF agent or OSP to verify what I was telling him. He chose to call OSP and they said it was OK....

He ran the BG check and I was instantly approved What was wierd for me (coming from AZ) is the fingerprinting.....

 

[v98034]

Every time i buy from an FFL, i get put on a hold... nice thing is, it usually goes through next day... but it was a little frustrating first time it happened...
Apparently (from what i've heard) if you have any kind of arrest, or anything above a traffic ticket, they automatically put you on hold. (I had driving with a suspended license..)

 

[cueball1214]

Well i don't know if this has anything to do with it eather to but i have applications in Wash Co and Utah for CCL's that are being processed. Called the number they gave me in the parking lot and left a message... haven't heard anything, but it is Saturday. It makes me feel a little more at ease that it seems to be a common occurrence. But would rather have walked out with my pistol.

 

[v98034]

Yeah, i know that feel! You'll get it eventually i guess!

 

[chizuck]

I don't know oregon but in washington if your delayed its 3 business days before I can deliver for long guns and 5 for pistols. Plus I don't have to deliver anything its upon the shops discretion. Plus if you do not have a CPL you are always delayed on hand guns. The CPL allows me to run the check, without it I have to send it off the your local leo. They can respond same day or in 5, but 5 is the max.

 

[cueball1214]

Well OPS acaully called me today (Sunday) saying i was cleared. Got my new pistol and ready to take it out and put some round thought it. Did find out that the dealer i used will not release a firearm to anyone even after the 3 days is up. They will hold it till OSP clears it. So that is good to know.

 

[Don H]

Congrats! Now, find another dealer in case this happens again. Go out and shoot the heck out of that thing!

 

[Botte Hork]

I always get delayed and depending on the time of day I get a call later that day (shortest has actually been 20 minutes ) or the next morning. I don't expect instant approval anymore.

 

[EUGENE the REALTOR]

What's a "mistometor"?

 

[TonsOfOregonBrass]

The ATF highly "encourages" dealers not to transfer without an approval number. When they are the gate keepers to your license, it is usually best to listen to their "encouragements". When you start telling them, i dont care, the law says this.... They can and will find violations. two of the same violation = willful disregard. and the dealer can be charged criminally. Each account can be 1 year in jail. Dealer on a form missed someone who did not check a box 1 year, guy didnt wright out the county all the way 1 year.

Although it is legal to hand the gun over, it is also putting your license and lively hood in danger. Is it right the ATF can do that, NOPE. But they can so you have to play by their rules and their "encouragements". Otherwise you will find your self getting inspected a whole heck of a lot more then others in the business who do play by their rules.

 

[cueball1214]

The ATF highly "encourages" dealers not to transfer without an approval number. When they are the gate keepers to your license, it is usually best to listen to their "encouragements". When you start telling them, i dont care, the law says this.... They can and will find violations. two of the same violation = willful disregard. and the dealer can be charged criminally. Each account can be 1 year in jail. Dealer on a form missed someone who did not check a box 1 year, guy didnt wright out the county all the way 1 year.

Although it is legal to hand the gun over, it is also putting your license and lively hood in danger. Is it right the ATF can do that, NOPE. But they can so you have to play by their rules and their "encouragements". Otherwise you will find your self getting inspected a whole heck of a lot more then others in the business who do play by their rules.

I am on the fence about the whole dealer has a right to hold till approval. If it takes me one day, i just have to make srue i dont try to do a transaction Friday or Saturday so i wont have to wait a few day days extra. I can see the point of view of the gun shop to cover their ***. yes if it took longer then 3 days i would be pretty POed about waiting for something i have paid 100's of $ for as well.

 

[cueball1214]

What's a "mistometor"?

Misdemeanor

 

[cueball1214]

Well here it is. Ruger SR9c.

 

[accessbob]

The ATF highly "encourages" dealers not to transfer without an approval number. When they are the gate keepers to your license, it is usually best to listen to their "encouragements". When you start telling them, i dont care, the law says this.... They can and will find violations. two of the same violation = willful disregard. and the dealer can be charged criminally. Each account can be 1 year in jail. Dealer on a form missed someone who did not check a box 1 year, guy didnt wright out the county all the way 1 year.

Although it is legal to hand the gun over, it is also putting your license and lively hood in danger. Is it right the ATF can do that, NOPE. But they can so you have to play by their rules and their "encouragements". Otherwise you will find your self getting inspected a whole heck of a lot more then others in the business who do play by their rules.

I take it you are an FFL and have been "encouraged" thusly?

Oh, and by the way, Gun Broker in Clackamas will release after the 3 business days. I guess they must just like danger.

 

[solv3nt]

Keith's employee was trying to convince me that there was a stricter federal law that trumped the state law, and that the police have gone after someone that was improperly released the firearm with a swat team. I called BS...

 

[cueball1214]

I am sure there are horror stories. I can sit here and be mad if someone dose not release the gun to me after three days and i am still delayed, i would be more upset with OSP for not getting on it. AT the end of the day it is the FFL's chose, and for most their lively hood. They lose that FFL because the released a firearm to some one that was Delayed something happens. Which means the lose their their shop. Like i said, i understand both sides. I am just glad i do not have to go through this if i want to buy a gun form another owner.

 

[WhyteCheddar]

Delays can be for a myraid of reasons. It is not necessarily the fault of OSP. Not ruling it out though. Just sayin.

 

[cueball1214]

Delays can be for a myraid of reasons. It is not necessarily the fault of OSP. Not ruling it out though. Just sayin.

Point taken.

 

[accessbob]

I typically will try to buy from a private individual if possible. If not, I have bought at myriad places, and continue to do so, I do keep going back to the Gun Broker in Clackamas many times. And one of the reasons is that, even though they were the one at which I was delayed, they told me up front about the 3 day process and they did give it to me after that time had passed even though it hadn't come back from the OSP. I like people who follow the law.