How long can OSP delay a gun purchase?

[PlayboyPenguin]

I bought my sister her first handgun for her birthday this year. After she filled out the paperwork she got delayed by OSP. At the time they gave themselves just over a month to do their investigation. That month+ is now up and still no word from them. Here in Washington NICS has 72 hours to approve or deny or you get your gun. It seems OSP can delay someone for an indefinite amount of time over there in Oregon. Is this assumption correct?

PS: When we call and ask why she is delayed we got a recording and left a message. Two weeks later we got called back and they say they are looking into a charge related to her ex-husband (who they tried to claim she was still married to even though they have been divorced for 9 years and he left the state right after their divorce). I was not aware the actions of ex-husbands were a legally disqualifying factor for gun ownership.

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[coctailer]

The Brady Law states that she can pick up the gun after 3 business days even if OSP does not respond.

The dealer might be afraid to transfer it though.

 

[PlayboyPenguin]

I finally got ahold of Keith's today. I am going to go get a refund tomorrow. My sister just passed her TWIC background check six months ago so I know her record is clean. TWIC does not even allow gross misdemeanors on your record to work the ports...much less felonies. It is a shame some gunshops help organizations like the OSP deny gun ownership to legal gun owners via redtape.

 

[66PonyCar]

Check out the link from Oregon Firearms Federation. It explains what to do.

DELAYED OR DENIED FOR A FIREARM'S PURCHASE? - Oregon Firearms Federation

 

[Martini_Up]

The Brady Law states that she can pick up the gun after 3 business days even if OSP does not respond.

The dealer might be afraid to transfer it though.

As a dealer, what do you do?

 

[BaggerRyder]

Sporting goods stores like Sportsman's Warehouse won't allow the transfer until they get an actual PROCEED from NICS or the local sheriff. Company policy I was told. I would think that a gun store like Keith's would allow the transfer after the 3 day no response on a delay or open status.
I've been delayed through NICS twice now using my CPL. On the first delay last year my FFL completed the transfer after 3 days with a delay from NICS. Sportsman's would not. After 30 days of waiting, my NICS check was cancelled at Sportsman and we did the check without CPL, which solely goes through CCSD. That was last Saturday. Sportsman called me Monday and said proceed was received from Clark County Sheriff's Department and I could come pick up my gun.
It's frustrating waiting for the "Instant Approval" through NICS. I feel your pain. Seems like the intention isn't to help us legally purchase. But sometimes to slow down the buying, and keep law abiding citizens from purchasing firearms.

 

[coctailer]

As a dealer, what do you do?

In box 21d, you check the box "No resolution was provided within 3 business days." And transfer the firearm.

 

[PlayboyPenguin]

In box 21d, you check the box "No resolution was provided within 3 business days." And transfer the firearm.

Sadly, Keith's will not do this. They prefer to cover their asses from non-existent liability than to abide by the law and err on the side of legal gun owners.

 

[PlayboyPenguin]

PS: The employee I spoke to at Keith's told me if I do get the refund and cancel the sell it will count as an automatic denial and she will not be allowed to purchase elsewhere.

At least they are willing to give me a refund.

 

[Fast Eddie]

That's a catch 22, if you had tried the "hey I was just wondering, if the state police, NICS etc.. delays my gun purchase, will you check box 21d and give me my gun?" approach, it probably would have gone over like a fart in church. No way are they handing it over to you now, any warm fuzzy feeling they had about selling you a gun is gone. It super sucks that you can't have a candid conversation about these things with an FFL.

Except for Coctailer who evidently is an FFL, and is testing my ASSumptions and is being quite conversational about this.

 

[the4thshake]

The most shocking thing to me is you were actually able to get ahold of someone at Keiths.

 

[GrpCapMandrake]

Sadly, Keith's will not do this. They prefer to cover their asses from non-existent liability than to abide by the law and err on the side of legal gun owners.

A friend of mine had this happen through Keith's as well. He was delayed for almost three weeks and was quite frustrated that they still wouldn't complete the transfer even though it was legal.

 

[GrpCapMandrake]

PS: The employee I spoke to at Keith's told me if I do get the refund and cancel the sell it will count as an automatic denial and she will not be allowed to purchase elsewhere.

At least they are willing to give me a refund.

what is the legal foundation of that happy horse crap!! I have never heard of that.

 

[BaggerRyder]

what is the legal foundation of that happy horse crap!! I have never heard of that.

Yes. I think that is BS too. The NICS check can stay open for 88 days, in which the record will be purged. After 30 days of open or delayed status, most dealers holding the firearm will cancel the check and put the firearm back into their inventory, or have the purchaser resubmit form 4473, either again to NICS, or in the case of WA state, to the local sheriff. So the BG check and form 4473 can be cancelled by the FFL. It shouldn't have any bearing on the purchaser being denied. It's just more paper work for the FFL. And since they have to keep all records of form 4473 for 5 yrs if a denial, and 20 yrs for a transfer, it may look bad for the FFL if the ATF does a records check on them and they have a bunch of cancelled 4473's.

 

[Mark W.]

WOW I have never had a dealer accept payment for a firearm new or used until after the BGC was complete.

I have never waited more then I think 20-25 min for a BGC (least not since the stupid waiting period ended in Oregon)

I feel for you Playboy only the government could figure out how to make something as simple as a computer data base search end up so screwed up.

 

[Nick Burkhardt]

I bought my sister her first handgun for her birthday this year. After she filled out the paperwork she got delayed by OSP. At the time they gave themselves just over a month to do their investigation. That month+ is now up and still no word from them. Here in Washington NICS has 72 hours to approve or deny or you get your gun. It seems OSP can delay someone for an indefinite amount of time over there in Oregon. Is this assumption correct?

PS: When we call and ask why she is delayed we got a recording and left a message. Two weeks later we got called back and they say they are looking into a charge related to her ex-husband (who they tried to claim she was still married to even though they have been divorced for 9 years and he left the state right after their divorce). I was not aware the actions of ex-husbands were a legally disqualifying factor for gun ownership.

Is the OSP delaying it because they think she is straw purchasing it for her prohibited ex-husband? Please do a rant about this on your channel. All of the Universal Background Check pushers think the 4473 is only for Felons, wifebeaters and the adjudicated mentally ill. The OSP seems to be going out of their way to disqualify people from their first firearms purchase. And like you said, once you get a denial you are labeled as a prohibited person until you can clear your record.

 

[Modeler]

The 3 day release is optional for the dealer. If he releases it on day 4 and the BGC comes back proceed on day 5 then it's no big deal. If he releases it on day 4 and it comes back denied on day 5 then he has to call the ATF and report it, at which time the ATF has to go get the gun back from the buyer. It may be legal to do it that way, but for practicality's sake most don't. The guy you call in order to report that you sold a gun to a prohibited person is the same guy who is responsible for inspecting your shop and auditing your records. A high-volume dealer like Keith's can't risk that, the chances of it happening at some point are just too high.

 

[1990Turbo]

I finally got ahold of Keith's today. I am going to go get a refund tomorrow. My sister just passed her TWIC background check six months ago so I know her record is clean. TWIC does not even allow gross misdemeanors on your record to work the ports...much less felonies. It is a shame some gunshops help organizations like the OSP deny gun ownership to legal gun owners via redtape.

My wife has her TWIC card and her last hand gun BGC took under 5 minutes to be approved.

 

[ctcdesigner]

A year and a half ago I win a Sig in a company Christmas raffle and was put on hold when I went to transfer the gun. The shop I worked with released the gun after 2 weeks (when i asked) but the BGC was on hold for 5 months. They had requested information from the city of Portland court on a 37 year old ticket. I ended up having to go to the court house and get the info myself as the OSP couldn't get a response from the city of Portland. I was all settled but was a pain in the a$$. I also had recently had my CPL renewed without a problem.

 

[chariot13]

PS: The employee I spoke to at Keith's told me if I do get the refund and cancel the sell it will count as an automatic denial and she will not be allowed to purchase elsewhere.

At least they are willing to give me a refund.

They're lying to you. I've paid up front for a firearm as well and waited 3 weeks on a delay and decided to get a refund (on an AR platform rifle). Later I went to cabelas and bought a rifle and was out the door in under 20 minutes with it (on a single shot .22lr). Then a couple weeks after that I purchased 2 more rifles and both got delayed on a Friday and both came back as approvals on Monday (on 2 AR platform rifles). Its a hit or miss and as random as the lottery. Or they are discriminating against certain purchases and only delaying for certain types of guns....