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

[CountryGent]

Why all the negative vibes toward the store and suggestions that the buyer go to the CC company or BBB etc.? If it's a delay the store is following correct procedure by holding both the funds and the gun.

That's what I am not clear about from the OP. Did NICS do delay or a denial? Two very different things.

 

[P7M13]

Did you just assume?

Girlfriend loophole sounds funny...

Yep, I am guilty of letting my thinking be affected by my modality : 100% hetero binary.

 

[tkdguy]

She was told that all sales were final. The processed the bgc, and the 1984 cannabis issue, arose. I am sure she only has a fully paid statement from the dealer but not a bill of sale nor transfer of ownership.

Not may girlfriend. Just woman friend.

 

[Fishjager]

She needs to get the State of Texas to purge her records and get rid of that charge.

 

[teflon6string]

While she waits for her "BGI" issue to clear up (in reality it's a registration but that's a debate for another thread), her online credit card statement might indicate "charge pending" status. Annoying, but she cannot launch a credit card dispute until the charge is no longer pending, one way or the other.

Then one of three things can happen:
- They resolve it, seller releases her gun and charge goes through.
- They finally deny her, and the credit card "charge pending" (eventually) disappears.
- They finally deny her, the credit card charge goes through and she simply disputes it for goods not received. "All sales are final" would include the merchant handing her the merchandise she purchased.

 

[Nick Burkhardt]

I thought that Texas Floyd passed a law allowing for one 420 mistomeaner conviction?

 

[jbett98]

If the OSP receives the information they requested from Texas and it doesn't disqualify her from the purchase, OSP will give the go ahead and they will also retain that info for five years and four months.
After that time they will erase her record and the same problem will crop up for her in Oregon.
The best thing for her to do if she plans on buying more firearms in the future is to have her record in Texas expunged if it's possible.
I had the same problem years ago in Utah and did it myself for less then $300.00.
You don't need a lawyer, just contact the right courthouse department in the county seat where she had the issue.
The secrete to getting it done is to return any required paperwork with next day airmail as soon as you can, that way your case is on top of the case load of the judges office who is handling it.
A lawyer can take years to clear your case and cost a lot of money.

 

[CRBMoA]

No matter how many times I see this acronym, I always have a moment of confusion where I think to myself "what did the Bureau of Land Management do?"

I believe they are busy torching the West Coast at the moment.

 

[ma96782]

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.

BUT, But, but.......


This premise of "asking permission" to exercise a RIGHT?

Hummmmm.....What IF? I had to get permission (or was charged a tax/fee) to......
Make a speech in public that is critical of my elected representative?
Protest against an "injustice"?
Publish a book or article that is critical of the Government?
Attend a church (or Place of Worship)?
Have a gathering of other like minded individuals to discuss politics, religion or whatever?

Aloha, Mark

 

[tkdguy]

Just heard. Gun shop will refund her payment.

 

[spider]

Good, I never heard of that place being petty as this situation seemed to make them.

 

[Lazyfaire]

Good, I never heard of that place being petty as this situation seemed to make them.

Thats why I was saying that we were missing something in this. He has always been good to me. Glad this has been resolved

 

[uberguy]

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.

 

[orygun]

Yep, I am guilty of letting my thinking be affected by my modality : 100% hetero binary.

Thank God!

 

[bbbass]

I believe they are busy torching the West Coast at the moment.

Are they gonna accuse the Hammonds again???

 

[SUPER X]

The background checks seem to get picky about what should be a non issue .she might have to go to texas to straighten it out.

 

[tkdguy]

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.

She paid the fine for the charges and thought it was over and done. The county clerk no longer has records back to 1984. Catch 22.

 

[SA Shooter]

This is not an unusual occurrence. A "no disposition" does not mean the person is subject to be arrested (obviously they've already been charged, there is no open or bench warrant and they may even have been tried and found not guilty) nor is it a petty action on the part of the background check agency. It's a public record in which the final disposition was not recorded. Yup, big red flag on a background check. And the agency doing the check won't be calling the jurisdiction that filed the record to resolve it.

The individual who has the record issue has the duty to clear up the record. It's pretty much the same in most states. Here in Arizona you have a review and challenge process. You are notified that you cannot purchase a firearm or secure a concealed carry permit by the Dept. of Public Safety. That agency will give you a certain time period to review the records, then challenge the record and file documentation (if you have it) to refute the record.

If the individual does not have official records from the reporting jurisdiction that show the matter did in fact receive final disposition and that disposition did not levy any felony conviction, then they must file with that jurisdiction for a record update showing the actual disposition of the charges. Unfortunately all this moves at a glacial pace.

It just shows you that sometimes you do end up paying taxes despite a clerk of court not doing their job.

 

[bolus]

BUT, But, but.....isn't a BGC suppose to prevent "bad people" from getting guns?

Rrrright.......please define "bad people".

Aloha, Mark

In Hawaii only the police get to carry. They just released disciplinary information and 6% of the police in Honolulu were referred to the prosecutor for breaking the law. Many others broke the law but only got paid suspensions for a day. So something like 10% of the police here are technically criminals and are the only ones that get to carry guns.

Break the law and lose your gun rights? Well, become a police officer and get them restored!

 

[AMT]

They need to give her one or the other. The store cannot keep both. Tell them one more time to give back one or the other. If they refuse warn them that it might be time to contact the local AG. Maybe even the local ATF office as I can only imagine that theft by a gun shop might be frowned upon.