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Just wondering if House Bill 2543 is a possible blessing in disguise. Looks like the existing version of ORS 166.412 will permit the firearms transfer if the state does not return a report "before the close of the gun dealer's next business day following the request by the gun dealer for a criminal history record check".
(Are there actually any gun dealers that will transfer on the third day if the BGC does not come back?)
The current three-day transfer provision is a "remedy at law" that appears bar a writ of mandamus to compel the state to complete the BGC after an unreasonable delay.
By eliminating the three-day transfer provision, House Bill 2543 appears to eliminate the only remedy at law, opening the door for relatively easy to prove mandamus claims.
Both Oregon and Federal mandamus grant the prevailing party attorney fees. A lot of favorable case law in this area. FBI and ICE lost lots of mandamus cases in Oregon for unreasonable delays on clearing BGCs in immigration cases.
(Are there actually any gun dealers that will transfer on the third day if the BGC does not come back?)
The current three-day transfer provision is a "remedy at law" that appears bar a writ of mandamus to compel the state to complete the BGC after an unreasonable delay.
By eliminating the three-day transfer provision, House Bill 2543 appears to eliminate the only remedy at law, opening the door for relatively easy to prove mandamus claims.
Both Oregon and Federal mandamus grant the prevailing party attorney fees. A lot of favorable case law in this area. FBI and ICE lost lots of mandamus cases in Oregon for unreasonable delays on clearing BGCs in immigration cases.