Firearm Purchase Delayed 5 Months After DUI Dismissed

[bonovox]

I will try to keep this to the point. My very close relative lives in Springfield, OR.

Late February he purchases a firearm with no issues.

Early March he gets pulled over leaving a lodge with no headlights on as he had bumped the automatic headlight switch and did not realize it. Blew .04 once at station, the officer told him he was fine and could go home, but wrote him a summons to appear. Yes for DUI.

He gets a lawyer and in late March DA drops all charges, case dismissed...done deal.

Today August 17th, he goes to purchase a new firearm at a national retailer and they run NICS check and get back "Scannable" delayed until late October. Retailer basically says they can do the purchase, but he has to wait until that date to pick up firearm.

What gives? Any ideas? From some Google research I did find that Oregon, as well as other states are playing games like this. Delaying purchases. I also heard that they can actually only do it for 3 days and if there was not a denial from the NICS check, then the retailer can let the firearm go. But I also learned (good luck) finding a retailer that will do it. Obviously a national retailer is not going to go there.

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[druiseeker]

I don't know anything about the procedural processes or rules, but if it's on the up and up, who do you complain to? The state police? Is it even possible to resolve that or do you just have to wait?

 

[bonovox]

I have been on firearm forums for 10 plus years and very active. Leave it to me not to use the search function. Ha!

Wow from what I am reading here with all the delays. I still think it is strange they gave him a specific date in late October for the delay to end.

 

[Jonnyuma]

Did he call the Challenge Line?
I get delayed about once every 5 yrs due to a dismissed case in AZ back in 96 stemming from a bar fight (I was maybe a little rowdier then) that was handled improperly by the municipal cops and then the county. Records are gone except, of course, the record of Billy Badass and I getting scraped up off the sidewalk and hauled to the pokey... and that's what shows up. The ONLY thing that shows up... fingerprints and booking records gone, court and subsequent dismissal gone. Could be a similar situation.

My last delay was Feb '17 and I was given a date in April that it would be resolved (first time it's ever taken more than a day, which is why I'd never sweated it much before)... it wasn't.
Kept making calls to OSP and AZ getting nowhere fast. Finally, after almost 5 mos, Trudy at OSP grabbed ahold of it like a pitbull and got it resolved in like, 3 days (I love that woman and I apologize if I got her name wrong. I wanted to send her flowers).

Sorry for the long story, but these things rely on people to supply correct and timely information which doesn't always happen. You kinda have to attack it on your own to get any movement. A real public servant advocate like Trudy can get things done.

 

[bonovox]

Did he call the Challenge Line?

You post was very helpful. Thank you!

He was given a phone number to call but it happened late today so no he hasn't called. I am heading up there late next week to visit and we planned to shoot the firearm (among others) while I was there. But in the end he told them he would pass on going forward with the purchase being it was an almost 2 month wait. (plus being shocked of the whole ordeal) I hope he can still call to get the plumbing cleared up even with the purchase being canceled by him.

 

[Jonnyuma]

I believe the delay will still need to be challenged even with the sale canc'd. Mine was an online order so it was already paid for, my delay happened at the transfer FFL location.

And you're right about finding an FFL who will release a firearm after 3 days ... it's not likely. I've used "my guy" for maybe a dozen successful transfers and he wouldn't cut it loose until he got a full-fledged "proceed".

It kinda hacked me off at first, but I get it.