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The ATF can't do squat to a non-prohibited person obtaining a firearm without a BGC. If I buy a regular firearm from a dealer or private person and they transfer it to me without doing a BGC, I have broke no laws.
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I also have this question.This raises a huge question. Many people are taking possesion of firearms that have not yet gotten approval in the NICS system. From the way this reads those checks will not be completed, they are paused and waiting for you to obtain the permit to be completed.
The question is, what happens if somebody takes possession of a firearm with an unfinished check, and has no plans to obtain the permit?
Gun room quoted. No joke!Tough Oregon gun law faces legal challenge, could be delayed
Voters in Oregon passed one of the nation's toughest gun control laws, but the new permit-to-purchase mandate is facing a legal challenge with days to go before it takes effectabcnews.go.com
From what I've been able to glean.. the "working diligently" is only on the purchase permit application form that's in final review by the "permit agents" and LE representatives. Whoever the bubblegum the "permit agents" are... your guess is as good as mine. LEVO??Gun room quoted. No joke!
And this gem from an OSP Captain: "...Meanwhile, OSP is "working diligently" with local law enforcement agencies to implement the law next week...".
-Must be a secret what their "working diligently" on. Like secret squirrel level secret schnitzel.
If you don't have a permit, wouldn't that trigger a denial?Transfer happen before 114 took place, so unless the BGC fails not a thing including being registered.
I understood permit agents to be the Sheriffs or local LE agenciesFrom what I've been able to glean.. the "working diligently" is only on the purchase permit application form that's in final review by the "permit agents" and LE representatives. Whoever the bubblegum the "permit agents" are... your guess is as good as mine. LEVO??
That seems to be as far as it goes though by the 8th. No actual framework to actually process them or any means to satisfy the requirements... that are yet to be determined.
IMHO, nothing but a smokescreen attempt to fool the courts into thinking a system is in place so the state cannot be accused of infringing on the peoples rights to obtain a firearm.
B.S.!!
The background check will live on in the queue and if it comes back denied, a firearm retrieval could happen.The 3 day rule is a feature, not a bug or loophole. It's codified in the law as it now stands. Delivery after 3 business days with no notification of a denial is LEGAL. No repercussions. No knock on the door later. It's legal, done, completed, fini!
Good question... but... from what OSP put out it sounds like BGC's in progress won't be cancelled, but suspended. As in no further action on them(?) A permit is required to restart the processing but without one... theoretically... they won't be completed and will time out in the system(?) Since there was no determination reached there would be no "denial" either(?)If you don't have a permit, wouldn't that trigger a denial?
I didn't get that impression at all.I understood permit agents to be the Sheriffs or local LE agencies
(5) "Permit Agent" means a county sheriff or police chief with jurisdiction over the residence of the person making anI didn't get that impression at all.
Thanks(5) "Permit Agent" means a county sheriff or police chief with jurisdiction over the residence of the person making an
application for a permit-to-purchase, or their designees
(b) The permit agent may charge a reasonable fee reflecting the actual cost of the process but shall not exceed $65,
including the cost of fingerprinting, photographing and obtaining a criminal background check.
I thought so too, but I find it a little difficult to believe the woketards simply turned over full control of designing the new application form to OSP and other LE officials/agents to do it up all by themselves without having their hands in the cookie jar, too.I understood permit agents to be the Sheriffs or local LE agencies
Not on the BGC and since the transfer took place lawfully they can dick a box of eats.If you don't have a permit, wouldn't that trigger a denial?
Which makes this a "may issue" scheme. Completely illegal.(C) Does not present reasonable grounds for a permit agent to conclude that the applicant has been or is reasonably likely
to be a danger to self or others, or to the community at large, as a result of the applicant's mental or psychological state or
as demonstrated by the applicant's past pattern of behavior involving unlawful violence or threats of unlawful violence;
Law enforcement and government officials make lots of threats that contradict the actual law. That's why we have a court system.Yea, MOSTLY! IF your BGC does come back as a denied at a later date, THEY Absolutely WILL come and take it from you, no Iff's, And's, or But's!!!
It's also been common for Oregon and many other states to NOT allow the 3 day rule, under threat from the ATF!
Which should have NO effect of the FFL. The FFL followed existing law.The background check will live on in the queue and if it comes back denied, a firearm retrieval could happen.
(5) "Permit Agent" means ... or their designees
(C) Does not present reasonable grounds for a permit agent (designee) to conclude that the applicant has been or is reasonably likely
to be a danger to self or others, or to the community at large, as a result of the applicant's mental or psychological state or
as demonstrated by the applicant's past pattern of behavior involving unlawful violence or threats of unlawful violence;
In ordinary usage, a 'designee' might be a Lieutenant or Sergeant in the department, reporting to the Sheriff or Chief, so the Chiefs and Sheriffs are not the only ones who can issue the permits.So the designee turns out to be Office Depot or Bi-Mart, and the clerk there doesn't like you or guns. You have a joke about suicide on your Facebook page. Then what? This thing is so ripe for abuse.