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Thank you sir for the response. If time allows I will stop in and purchase
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but we use FICSNICS 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!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.
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?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.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!
Technically J&B is a Beaverton address, so you won't have to hose your shoes off after visiting.And I said I would never go to Portland again…guess I was wrong!
@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.
@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.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.
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.Technically J&B is a Beaverton address, so you won't have to hose your shoes off after visiting.
-E-
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.And I said I would never go to Portland again…guess I was wrong!