Oregon Effective Immediately We Are Releasing Guns Under the 3 Day Transfer Law

[.45's and .38's]

Thank you sir for the response. If time allows I will stop in and purchase

 

[BPOR11]

And I said I would never go to Portland again…guess I was wrong!

 

[sed]

This is AWESOME!!!
Thank you J&B!!
Way to be a leader and step up in doing something (well within the law) about this problem!!

Law allows the release of the firearm if the BGC has been under review/pending for more than three days.
Which is different than being in the queue to be reviewed.

So based on this flowchart provided by the Oregon State Police earlier this week, as of 11/15, there are:
- 12,527 BGC in FICS Queue awaiting review &
- 8,672 already in the "Pended/Research" queue

So there were actually 21,199 BGC in the system.
I was wondering why I'd read somewhere that OSP reported 24,000 BGC's in the system, but all the queue reports people were reporting at the time were much lower (15/16k).

So OSP has three days to process the 8,672 that are in the "pended/research" queue or FFL can release the firearm if no decision comes back in time, correct?
If OSP is completing about 500 checks a day, they are definitely taking longer than three days to work through the "pended/research" queue.
Am I missing anything in this logic/interpretation?

Now lets see how many other FFL's follow the lead of J&B and start acting as the law allows!!

Thanks again J&B!!

 

[arakboss]

@J&B Firearm Sales Inc. can you clarify how you are interpreting or determining this for your customers.

Law allows the release of the firearm if the BGC has been under review/pending for more than three days.
Which is different than being in the queue to be reviewed.

 

[Jay Walk]

NICS Responses: If NICS provides a "proceed" response, the transaction may proceed. If NICS provides a "denied" or "cancelled" (and does not immediately provide a new transaction number) response, the transferor/seller is prohibited from transferring the firearm to the transferee/buyer. If NICS provides a "delayed" response, the transferor/seller is prohibited from transferring the firearm unless 3 business days have elapsed and, before the transfer, NICS or the State has not advised the transferor/seller that the transferee's/buyer's receipt or possession of the firearm would be in violation of law. (See 27 CFR 478.102(a) for an example of how to calculate 3 business days.) If NICS provides a "delayed" response, NICS also will provide a Missing Disposition Information (MDI) date that calculates the 3 business days and reflects when the firearm(s) can be transferred under Federal law. States may not provide an MDI date. Some States may not provide a transaction number for denials. However, if a firearm is transferred within the three business day period, a transaction number is required. State law may impose a waiting period or other requirements on transferring firearms.

 

[NeoBlackdog]

Very well done, J&B! Very well indeed.

 

[ndogg]

Thank you! You made my search for a lower much easier.

 

[Bsteinhauer28]

We need to blast this out to all the FFL's in the state pawn shop, gun store, or otherwise!

 

[draza]

NICS Responses: If NICS provides a "proceed" response, the transaction may proceed. If NICS provides a "denied" or "cancelled" (and does not immediately provide a new transaction number) response, the transferor/seller is prohibited from transferring the firearm to the transferee/buyer. If NICS provides a "delayed" response, the transferor/seller is prohibited from transferring the firearm unless 3 business days have elapsed and, before the transfer, NICS or the State has not advised the transferor/seller that the transferee's/buyer's receipt or possession of the firearm would be in violation of law. (See 27 CFR 478.102(a) for an example of how to calculate 3 business days.) If NICS provides a "delayed" response, NICS also will provide a Missing Disposition Information (MDI) date that calculates the 3 business days and reflects when the firearm(s) can be transferred under Federal law. States may not provide an MDI date. Some States may not provide a transaction number for denials. However, if a firearm is transferred within the three business day period, a transaction number is required. State law may impose a waiting period or other requirements on transferring firearms.

but we use FICS

 

[Ura-Ki]

NICS Responses: If NICS provides a "proceed" response, the transaction may proceed. If NICS provides a "denied" or "cancelled" (and does not immediately provide a new transaction number) response, the transferor/seller is prohibited from transferring the firearm to the transferee/buyer. If NICS provides a "delayed" response, the transferor/seller is prohibited from transferring the firearm unless 3 business days have elapsed and, before the transfer, NICS or the State has not advised the transferor/seller that the transferee's/buyer's receipt or possession of the firearm would be in violation of law. (See 27 CFR 478.102(a) for an example of how to calculate 3 business days.) If NICS provides a "delayed" response, NICS also will provide a Missing Disposition Information (MDI) date that calculates the 3 business days and reflects when the firearm(s) can be transferred under Federal law. States may not provide an MDI date. Some States may not provide a transaction number for denials. However, if a firearm is transferred within the three business day period, a transaction number is required. State law may impose a waiting period or other requirements on transferring firearms.

Basically, The clock doesn't start until you are in the Que and your BGC is in the processing stage ( I.E. OSP has put your check in the que and given a number to your Check, like your #14953) it's not enough to just fill out the 4473 and submit the BGC request and then walk back in three days later and demand your purchase, it absolutely HAS to be in the processing stage! With a "Delayed" once you get a delay, you are now automatically on the clock for 3 full business days!

 

[Velzey]

That's one way to go out with a bang!

 

[ilikegunspdx]

You guys rock! You have officially pushed me off the fence for buying another suppressor! I will be purchasing a suppressor from you as soon as the workload for you from this m114 crap dies down.

 

[ilikegunspdx]

Basically, The clock doesn't start until you are in the Que and your BGC is in the processing stage ( I.E. OSP has put your check in the que and given a number to your Check, like your #14953) it's not enough to just fill out the 4473 and submit the BGC request and then walk back in three days later and demand your purchase, it absolutely HAS to be in the processing stage! With a "Delayed" once you get a delay, you are now automatically on the clock for 3 full business days!

I don't know anything about fed law but for OR, FFL can release after 1 day after request for a background check. And in this case isn't the state delaying the federal part of it? It is in "delayed" status if the Oregon folks are doing the work for the feds, right?

What I mean is if OR state employees are doing the work for the feds and OR rules say can be released after 1 day, then hasn't OR already given their ok to release? It doesn't need to go to a "processing" stage because OR has already said it can be released.

 

[Velzey]

Basically, The clock doesn't start until you are in the Que and your BGC is in the processing stage ( I.E. OSP has put your check in the que and given a number to your Check, like your #14953) it's not enough to just fill out the 4473 and submit the BGC request and then walk back in three days later and demand your purchase, it absolutely HAS to be in the processing stage! With a "Delayed" once you get a delay, you are now automatically on the clock for 3 full business days!

This is exactly what the BATF told me. I cannot release a firearm during the "awaiting operator" phase. 72 hours into the "delayed" status I can release.
So I'm going with what the BATF told me cos they are the ones who issue the FFL's.

 

[nehalemguy]

And I said I would never go to Portland again…guess I was wrong!

Technically J&B is a Beaverton address, so you won't have to hose your shoes off after visiting.

-E-

 

[J&B Firearm Sales Inc.]

@J&B Firearm Sales Inc. can you clarify how you are interpreting or determining this for your customers.

Law allows the release of the firearm if the BGC has been under review/pending for more than three days.
Which is different than being in the queue to be reviewed.

This is exactly what the BATF told me. I cannot release a firearm during the "awaiting operator" phase. 72 hours into the "delayed" status I can release.
So I'm going with what the BATF told me cos they are the ones who issue the FFL's.

@Velzey I was told the exact opposite by an agent at the PDX ATF branch a few months ago when I had called asking for clarification of when the 30 days for a NICS check being valid began. With queue times already rising again I had the realization that if the queue rose too high technically all checks might exceed 30 days and was unsure if they would be valid or not. They told me the start time for the 30 day rule began when we submitted the BGC to FICS, and we were to make sure we were marking the Delay box below the Date Submitted box on the 4473. They also told me if we were worried about everything going over 30 days and needing a re-run that we could take the gamble and release the firearm after the allotted time.

I know a verbal conversation is not exactly solid proof alone, but if you log into FICS and check any of your BGCs that are in the queue underneath them it will have a message that says "Delayed until 12/09/2022 - AUTO". This automated message did not start appearing until earlier this year, it used to just say "Awaiting Operator Review" with the # in line.

I'm going to clock it for the night but will try to respond to any more questions that arise over the coming days as quickly as I can. I expect us to be very busy so if it takes a while I apologize!

 

[The Heretic]

Technically J&B is a Beaverton address, so you won't have to hose your shoes off after visiting.

-E-

Where they are is absolutely not what I would consider Portland - definitely Beaverton. IMO you are in Portland until you go east over the West Hills, even though Portland extends to the west from there.

 

[saxon]

@J&B Firearm Sales Inc.

9575 SW Beaverton-Hillsdale HWY #100​

Oregon Business of the year

 

[Gbirk]

And I said I would never go to Portland again…guess I was wrong!

My office is just 2 blocks from them. Defenatly not Portland, but in the last 3 years or so Portland has started to bleed into the area in a big way. Way more homeless and crime now than when I moved into that office 8 years ago.

 

[SUPER X]

Media outlets are all over the place on effective date . I seen 2 in ,on 1 day that was stating the 114 was about back ground checks . one source was from a news paper in a county that voted a hard NO , some large 2A channels state it goes in effect in jan