Oregon Lady friend has this problem, paid full price on handgun at that gun rifle dealer in Tigard, but did not get the gun...

[tkdguy]

As mentioned above they refunded the full amount today.

 

[awshoot]

The OP said it was a non-felony charge from TX, meaning a misdemeanor. If correct, then why have a delay?
Are they saying it was never resolved and she's a fugitive from justice? That requires a bench warrant.

Perhaps the issue is the charge is drug related.

 

[jbett98]

It depends on what class of misdemeanor she was cited for. A class B is generally easy to be removed from your record.
When I expunged my class B I received in 1980, the only issue was whether I owed any outstanding fees relating to that citation.

 

[bbbass]

Sooooo, I am unclear on the intention of question 11e on the 4473 as regards time periods/history:

"Are you an unlawful user of, or addicted to, cannabis or any depressant, stimulant, narcotic drug, or any other controlled substance?"

A drug conviction shows that you are. But maybe you are not currently using, or haven't used for years.

How far back is the reach of this question? Does it mean "currently"? Or "ever"?

A simple change to the wording would easily clear this up.

"Are you (currently) an unlawful user of, or addicted to, cannabis or any depressant, stimulant, narcotic drug, or any other controlled substance?"

OR-

"Are you (currently or have you ever been) an unlawful user of, or addicted to, cannabis or any depressant, stimulant, narcotic drug, or any other controlled substance?"

 

[awshoot]

Sooooo, I am unclear on the intention of question 11e on the 4473 as regards time ...
A simple change to the wording would easily clear this up.
...

Ambiguity runs in the Government's favor -- expect more not less. Sadly.

 

[jbett98]

You can be arrested for possession of marijuana and not be a user of it.

 

[jbett98]

In 1980 I was hitchhiking through Utah when a hippie in a station wagon gave me a lift. Down the road a piece there was an illegal roadblock set up by the local redneck sheriff.
The driver and I were both convicted of a class B possession of marijuana because the sheriff found one pot seed on the floor of the car.
I didn't smoke pot, but had to pay the $200 fine or spend 30 days in jail.

 

[teflon6string]

Glad to hear she got a refund, which I expected. Dealers won't stay in business long if they keep money and fail to hand over merchandise.

I forget. Is there anything on the BGI form asking if you've ever been denied on a previous BGI? If not, I'd be inclined to roll the dice and try it again (somewhere else if I didn't like a dealer). Given the random results people seem to get (from what I read here on NWFA), it might just fly if she tries again.

 

[NNL]

Luckily for her, a state having poor documentation is not a disqualifion to get a gun.

This idea that it is on you to complete their background check is crap. Make them prove it. Do you have your denial letter? I'd like to privately read it. That is what you use to appeal.

I have had my share of run ins with Oregon police with legal issues and I have found that it's critical to read the laws they are citing and examine the language.

 

[21tango]

I don't know how person that had some little thing happen to her 30 years prior is at fault for not clearing this up previously? Wifey went through something similar on her FIRST gun purchase. Your supposed to do the foot work and clear this up on your own? Well, in the wife's case there was no record of it after spending the time in the bowels of the courthouse down town with a friendly helpful clerk. I don't remember exactly how it was solved? I think that OSP finally came to the conclusion that if she'd done anything truly heinous that there'd be a "trail" to records, and there wasn't. She got the okee-dokey from OSP a month later and picked up her gun.

I'll say, if this is a "Delay", after a MONTH give her her money back if she wants it. The state background check system has failed this person.

Its her fault because she got in trouble 30 years ago. The store is invested in the sale , they prepared paperwork and took a gun out of inventory these are both expenses to the business. Not there fault someone smoked pot and got busted

 

[Jonnyuma]

Its her fault because she got in trouble 30 years ago. The store is invested in the sale , they prepared paperwork and took a gun out of inventory these are both expenses to the business. Not there fault someone smoked pot and got busted

It's not her fault, but it is her responsibility, and there IS a difference.

It's an open forum, l got no beef with you expressing your opinion... l don't quite understand why you went out of your way to post a negative opinion, but that's not for me to judge.

I can, however, remark on the smugness displayed. My guess is that if a judge or the legal system screwed up and let a violent felon or a pedophile go loose you'd have plenty to say about it, as would l. So why is it so hard to believe that the legal system's incompetence often works in the other direction?

There are times when citizen commits a minor infraction or is at least accused of doing so. They follow all the steps, wend their way through the system, fulfill their responsibilities as dictated by the court, and still someone within the system drops the ball: misfiles or misplaces information, incorrect data entry, or just plain ol' ain't good at their job. In those cases the error (or incompetence) is buried for years and it's up to the citizen/accused to unwind the whole mess and figure out what went wrong with the cooperation of a system whose interest is best served by leaving mistakes buried.

I assume you've never gotten crossways with the law or had to deal with the court system in any way... that's a best practice, for sure. l don't wish that kind of hassle and expense on any good citizen. But the scenario depicted in the OP (months ago) tells a story of his friend doing the right thing(s) and being denied due to others' incompetence. Her responsibility to un-F it, but not her fault it got F'd-up.

I don't disagree with the point about the gun store not being in the wrong. As long as the BGC is not denied, they can hold on to both the gun and the payment. That has been covered several times since the thread was started.

 

[Ironbar]

If ever there was a thread that needed to be shut down.........

 

[Certaindeaf]

If ever there was a thread that needed to be shut down.........

Play with the horned devil weed get the horns!








lol

 

[homeuser6]

no felony ? she can petition oregon for relief from disability which will solve any future issues.

 

[Member 34319]

As mentioned above they refunded the full amount today.

Did you figure out if she was denied or delayed?

 

[Ironbar]

Did you figure out if she was denied or delayed?

If you read the whole thing you'd know her money was refunded- months ago. That's why I said this thread should be locked.

 

[Andy54Hawken]

Issue has been resolved...thread is closed.
Andy