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So lets say you buy a gun and under the 3 Day Rule safeguard its lawfully transferred to you. Now your BGC is still floating in the queue... But lets say it stays in there over 30 days, then you have to resubmit a new BGC?
But now theres no need to, so.... the state and nics has no record of the sale?
 
So lets say you buy a gun and under the 3 Day Rule safeguard its lawfully transferred to you. Now your BGC is still floating in the queue... But lets say it stays in there over 30 days, then you have to resubmit a new BGC?
But now theres no need to, so.... the state and nics has no record of the sale?
My FFL said that if the firearm was released before the 30 days is up, it doesn't matter when the approval comes in. There will be no need to resubmit.
 
My FFL said that if the firearm was released before the 30 days is up, it doesn't matter when the approval comes in. There will be no need to resubmit.
I thought if it took longer than 30 days you had to resubmit the BGC? (3 day transfer notwithstanding...)
 
I thought if it took longer than 30 days you had to resubmit the BGC? (3 day transfer notwithstanding...)
Let's say that a shop calls a customer after two weeks and tells them to come get their firearm, they are releasing it under three day rule. The customer lolly gags around and doesn't come to pick up the firearm until three weeks after getting the call. In that case he would no longer be able to pick up the firearm under three day rule without resubmission of bg check.
 
ok, let me start over..... forget about the 3 day rule now.
If the BGC takes longer than 30 days and the buyer never resubmits their BGC, what happens to the first BGC?
 
ok, let me start over..... forget about the 3 day rule now.
If the BGC takes longer than 30 days and the buyer never resubmits their BGC, what happens to the first BGC?
I'll take a stab...it's kinda convoluted but I'll post what "the authorities" are saying and then some of my guesswork relative to Oregon's unique situation.
the biggie appears to be 88 days.
If 88 days pass, then the transaction is purged from the NICS, as required by federal regulation 28 CFR 25.9(b)(ii).
So if nothin happens in 88 days then the BGC is purged from NICS? It does say this applies to those checks in an "open" status, ie say someone applies and never completes the transaction...but if this also applies to checks that have not been processed...dunno, but keep in mind well over 94 percent of NICS checks are completed within 30 days.

So about your 30 day question, well this is what the ATF says'
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.
Now how does that affect us in Oregon where a number of folks are beyond 30 days? Well my guess is this...this is my speculation. No factoids. OSP FICS does not wait to submit to the NICS until they do their own inefficient messin around. They likely submit it immediately. Thus most of those Oregon folks waiting 30 plus days have already cleared the NICS background....but the State is holding it all up until they do whatever they are doin and when/if they find you are all and proper to have a firearm only THEN do they pass on your clearance to the FFL. If its past 30 days, the FFL contacts OSP FICS and they contact NICS with something like....well ya know that BGC for Joe Blow that you all at NICS passed ok like 40 or so days ago...well we finally completed our end and and approved it so we gotta do a little amending or whatever to the original 4473 in order to let the poor guy purchase his/her firearm. Ya all know we bureaucrats here in Oregon are purty slow. We just have a limited number of abacuses.

Its gotta be something like that because the OSP FICS annual reports show BGCs well past 88 days, a number run 120-365 days, that could not simply happen if NICS purges them after 88 days...what happened is all those that Oregon shows as past 120 or so days actually cleared NICS earlier but Oregon just never was able to process em in a timely manner. Nothin new, just Oregon bureacracy at it's finest. My guess is that all these folks waiting 30 some days, well ya all (or by far a great majority) already passed the NICS background check process. Oregon OSP-Fics is holding ya up.
 
ok re: clarification of the above: Did a bit more research.
from: "Congressional Research Service" Report R45970 "Gun Control: National Instant Criminal Background Check System (NICS) Operations"
Under federal law, at the end of the three-business-day period following a "delayed proceed," FFLs may proceed with the transfer at their discretion if they have not heard from the NICS Section about those matters. The NICS Section, meanwhile, will continue to work the NICS adjudications for up to 30 days, at which point the background checks will drop out of the NICS examiner's queue if unresolved. At 88 days, all pending background check records are purged from NICS, even when they remain unresolved.
Bold emphasis mine.
so if you are gettin approval from OSP FICS after 30 days....well it's because it already passed NICS probably weeks prior, Oregon is just finally gettin around to ya.
 
Finally someone understood my question.
So let me bring back the way I originally presented it, sounds like if someone submits a background check and if the FFL transfers the gun under the "3 day rule" but the BCG takes more than 30 days it gets dropped and after 88 days it gets purged. The net result is a new gun purchase not on any database other than the FFL just like the old days.
 
Finally someone understood my question.
So let me bring back the way I originally presented it, sounds like if someone submits a background check and if the FFL transfers the gun under the "3 day rule" but the BCG takes more than 30 days it gets dropped and after 88 days it gets purged. The net result is a new gun purchase not on any database other than the FFL just like the old days.
Sounds like a case of the bureaucrats running the show, know nothing about the show. Or the laws they wrote. Oh, it's just another loophole 🙄
 
Finally someone understood my question.
So let me bring back the way I originally presented it, sounds like if someone submits a background check and if the FFL transfers the gun under the "3 day rule" but the BCG takes more than 30 days it gets dropped and after 88 days it gets purged. The net result is a new gun purchase not on any database other than the FFL just like the old days.
I think there is a slight wrinkle and confusion based on how Oregon handles these checks. While it may take more than 30 days to get the check thru OSP, the national NICS has likely passed it thru earlier than that. The 30 day dropped refers to those that the NICS could not process for whatever reasons, those are the NICS pending that exceeds 30 days, those that fall into that category would have never had a NICS clearance, and thus never would have had an approval come thru the State, there would not be a firearm transfer up to that point.
the below kinda points at this:
One potential outcome of the check process is:
3. "delayed proceed," indicating that the system produced information that suggested the prospective purchaser could be prohibited;
Under federal law, at the end of the three-business-day period following a "delayed proceed," FFLs may proceed with the transfer at their discretion if they have not heard from the NICS Section about those matters. The NICS Section, meanwhile, will continue to work the NICS adjudications for up to 30 days, at which point the background checks will drop out of the NICS examiner's queue if unresolved. At 88 days, all pending background check records are purged from NICS, even when they remain unresolved.
These are the ones that in NICS that exceed could exceed 30 days (delayed in their terms means more than 3 days), In other words NICS could not make a final determination within 30 days. (note if denied it would have made that determination), but now here it gets really, really confusing, there is a period between 30 days and 88 days that some action could take place by NICS, see below.
If the FBI ascertains that the person is not in a prohibited status at any time within this 88-day period, then the FBI contacts the FFL through NICS with a "proceed" response. If the person is subsequently found to be prohibited, the FBI also contacts the FFL to ascertain whether a firearms transfer had been completed following the three-business-day "delayed transfer" period. If so, the FBI makes a referral to ATF. In turn, ATF initiates a firearms retrieval process. Such circumstances are referred as a "delayed denial,"
See what i mean, really confusing.
but perhaps to your latest question
from federal regulation 28 CFR 25.9(b)(ii)
(iii) In cases of NICS Audit Log records relating to allowed transactions, all identifying information submitted by or on behalf of the transferee will be destroyed within 24 hours after the FFL receives communication of the determination that the transfer may proceed. All other information, except the NTN and date, will be destroyed after not more than 90 days from the date of inquiry.
So actually the data is destroyed within 24 hours of when the FFL receives notice of the transfer proceed. What makes this confusing is the role of the State when it processes the info and relays it to the FFL, which may be weeks after the NICS approved it?
But to answer your last question, yup, no difference, whether it is an immediate transfer of instant check or 45 days later or whatever, 24 hours after the FFL receives communication transferee data is destroyed..
It would be less confusing if the State was more open and transparent on how it handles the processing relative to the NICS process. Obviously they have some form of screen or overlay that a check has to pass thru on the State level before it will "approve" and pass on (or deny) the NICS check.
 
Hypothetical situation - lets take the '3 day' rule out of the equation.

I wonder how many BGCs are mistakenly passed - and then later discovered they should have been denied?

I mean it's possible isn't it? High numbers of BGCs, low staffing and jumping through the hoops to get them done could no doubt result in more than a few mistakes.
 

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