Oregon Increase in Firearm Sales and Background Check Issues

[American123]

I did a transfer a week ago, 1800+ folks in the queue. I got a Proceed within a minute. Gotta love a CHL! First-time buyers don't have carry permits, of course.

I'm used to being different, I did - 10 years ago.

 

[ARKLITE881South]

All I'm going to says is..........# 3,061

the # 3840 waiting i was told as of Wen June 24th by a guy who has a ccw as well.

 

[GarrusVakarian]

I hope it's ok if I post this.

This is directly from the ATF law for BG Checks.



The NICS examiner will provide the FFL with the date of the third business day after the firearm check was initiated. Business days do not include the day the check was initiated, Saturdays, Sundays, and any day state offices in the state of purchase are closed. If the FFL has not received from the NICS a final determination after three business days have elapsed since the delay response, it is within the FFL's discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must mark "No resolution was provided within three business days" on line 21d of the ATF Form 4473. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.


I did verify that no response counts as well.

So get your guns guys.... don't wait a week for what should have been 3 days.

 

[aksu747]

I hope it's ok if I post this.

This is directly from the ATF law for BG Checks.



The NICS examiner will provide the FFL with the date of the third business day after the firearm check was initiated. Business days do not include the day the check was initiated, Saturdays, Sundays, and any day state offices in the state of purchase are closed. If the FFL has not received from the NICS a final determination after three business days have elapsed since the delay response, it is within the FFL's discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must mark "No resolution was provided within three business days" on line 21d of the ATF Form 4473. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.


I did verify that no response counts as well.

So get your guns guys.... don't wait a week for what should have been 3 days.

That's all good, unless they have a policy like Cabela's where they won't, even though they legally could.
Also FYI backrounds in Oregon are run through FICS which is run by Oregon State Police, there is no NICS here.

 

[PNW Partisan]

3881 in the que right now. My local shop said CHL's don't seem to be the deciding factor. Crazy times. I'm guessing a lot of FFL's aren't so comfortable to give firearms to people until they get a "proceed" back from OSP. But the ATF rule is really good info!

 

[GarrusVakarian]

That's all good, unless they have a policy like Cabela's where they won't, even though they legally could.
Also FYI backrounds in Oregon are run through FICS which is run by Oregon State Police, there is no NICS here.

Oregon follows the same rules. I verified that with the ATF agent in charge Charles Spaulding.

Yes the ffl does not have to do it. So I found the good ones that DO.

 

[arakboss]

Oregon follows the same rules. I verified that with the ATF agent in charge Charles Spaulding.

Yes the ffl does not have to do it. So I found the good ones that DO.

We should have a list or include that info in FFL reviews. It could be customer dependant as well. If you and your FFL have an established relationship the FFL may be more likely to follow the 3 day rule.

 

[arakboss]

What are the FFL's responsibility if they follow 3 day rule and background is later denied?

 

[GarrusVakarian]

What are the FFL's responsibility if they follow 3 day rule and background is later denied?

The customer will be contacted by atf to surrender the firearm within (i believe) 24 hours.

If not, atf will come and get it.

The FFL is off the hook once the 3 days have passed.

 

[arakboss]

The customer will be contacted by atf to surrender the firearm within (i believe) 24 hours.

If not, atf will come and get it.

The FFL is off the hook once the 3 days have passed.

That's the way I interpreted it. So the FFLs that don't follow the 3 day rule must be worried about bad publicity or liability?

 

[The Heretic]

That's the way I interpreted it. So the FFLs that don't follow the 3 day rule must be worried about bad publicity or liability?

Both

 

[GarrusVakarian]

That's the way I interpreted it. So the FFLs that don't follow the 3 day rule must be worried about bad publicity or liability?

It doesn't matter the reason to me, those ffls won't get my business.

 

[ARKLITE881South]

I hope it's ok if I post this.

This is directly from the ATF law for BG Checks.



The NICS examiner will provide the FFL with the date of the third business day after the firearm check was initiated. Business days do not include the day the check was initiated, Saturdays, Sundays, and any day state offices in the state of purchase are closed. If the FFL has not received from the NICS a final determination after three business days have elapsed since the delay response, it is within the FFL's discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must mark "No resolution was provided within three business days" on line 21d of the ATF Form 4473. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS.


I did verify that no response counts as well.

So get your guns guys.... don't wait a week for what should have been 3 days.

Thanks for posting this, i appreciate it, and the response

 

[American123]

This is when it is good to get familiar with a local store. I they know you, you'll go home with it after 3 days no problem.

 

[Greenbug]

The FFL may be "off the hook" criminally.....

If I had an FFL, no way I am releasing a firearm to anyone without official approval!

This world is way to sue happy for any business owner with any sense at all to put themselves in that kind of liability.

 

[CHLChris]

BTW, the guy at Pawn4More told me that ORDL is no longer connected to the CHL system so he suggested that I allow him to use my CHL as my ID when he ran my BGC.

 

[nforest]

Thread is a bit old, however I figured it would be better to continue vs start a new thread.

FYI, I was #4861 in line in Oregon for a Transfer/Background check Saturday July 11th. Was told by LGS that it was likely an 8-10 day wait. This happened to be for a private party transfer. How do you spell INFRINGEMENT?

 

[lucky guy]

It was at 4000+ late this morning. Reported in the news that 40% of recent sales are first time buyers. Now we just have to get them hunting!

 

[nforest]

We NEED to get them voting, and signing recall letters....

 

[nforest]

Update from post #57. It was almost 6 days to the hour from the time I submitted the BGC, the the time of phone call from the LGS for pickup. Seems like the law should be modified at minimum to state, "if for any reason a background check does not return as a failure within 60 minutes, the licensed dealer shall release the firearm without question"

Joking of course, ALL gun laws are infringement....