New to Oregon (from Nevada)... FFL transfer issue

[ponitora]

I moved to Oregon from Nevada and have an issue with an FFL transfer. It is for a Uberti replica Win 1873 lever action rifle. In Nevada my background check always came back to the FFL as "unresolved" after three business days, and the NV FFL would simply hand over the rifle at that time. No problems, no issues, over several years of purchases. Not so in Oregon.

My local FFL has had the transfer for two weeks now, and I've heard nothing back from him. So I called the Oregon state police firearms unit and finally spoke to someone. I learned the issue is an arrest from 1975 with no conviction/disposition listed on the outcome. Although I was booked, the charges were dropped after a matter of hours and the case never went to court. Unfortunately California never entered a "disposition" about that on my "criminal record" in 1975.

So the state police clerk said the state cannot issue a 'proceed' to the FFL until they receive the disposition of the 1975 arrest from California. I informed the clerk that there is no disposition to receive because the charges were vacated and the "case" never went to trial. The clerk said that's too bad because Oregon must hear back from California before they can proceed, and all I can do is wait.

Meanwhile I've heard any issue with California can take many months to clear; and the Oregon State police said it's not unusual for such a situation to be on hold for one year or more. Needless to say I am quite disheartened by this. I am out $1000 for a rifle that is sitting in an FFL's back room because he is afraid of the state if he turns over the rifle to me without hearing back even after two weeks have elapsed with no response. Bottom line is that this is clearly a violation of my 2nd amendment rights due to the incompetence of the state of California forty years ago.

I've been told that I can start this process all over again with the Uberti rifle by using a different FFL and hope to find one that will deliver after the three days. The FFL here has said he has no issue forwarding the transfer to a different dealer, and my old FFL in Nevada will vouch for me if that helps. Otherwise I will be waiting on California forever... Is it possible another FFL could help me with this transfer? Any suggestions appreciated.

Read More

 

[The Heretic]

I am just going by what I read here, but my understanding is that if the FFL doesn't hear back anything after 3 days, they can go ahead and transfer it.

 

[ponitora]

Yes, that's what it says on the FBI website too. This FFL in Sutherlin says he won't do it, he says he fears the power of the state. I'm not sure why, must be something different about Oregon? That's why I'm trying to find an FFL to work with, and get it transferred there either in Eugene or Grants Pass. Thanks.

 

[Stomper]

What's going on is BS. ANYONE can be arrested or detained ANYTIME for ANYTHING for up to 72-hours before they have to do something with you. The only thing that SHOULD matter is CONVICTIONS and COURT DECREES/ORDERS pertaining to an individual.

Somebody has a SERIOUS case of H.U.B.S. (Head Up Butt Syndrome)

 

[ponitora]

Yes, I agree. And what I have related in the thread is precisely what the FICS Unit Supervisor on 503-934-2364 told me. So there is something different between Oregon and Nevada. I've looked at the FBI pages and read about how NICS checks are "contracted" out and apparently there is a difference by state. I'm going to call my old Nevada FFL today and perhaps he knows someone in Oregon who can help me. The alternative would be to have it shipped to him and I drive to his shop in Nevada and pick it up but that's a heckuva drive. So far this experience is exceedingly discouraging, and I don't see how Oregon gun shops can stay in business this way.

 

[Slobray]

Unfortunately California never entered a "disposition" about that on my "criminal record" in 1975.

..............


Meanwhile I've heard any issue with California can take many months to clear; and the Oregon State police said it's not unusual for such a situation to be on hold for one year or more. Needless to say I am quite disheartened by this. I am out $1000 for a rifle that is sitting in an FFL's back room because he is afraid of the state if he turns over the rifle to me without hearing back even after two weeks have elapsed with no response. Bottom line is that this is clearly a violation of my 2nd amendment rights due to the incompetence of the state of California forty years ago.

This is a common problem for gun owners and many escapees in/from the Peoples Democratic Republik of Kalifornistan. The CALGUNS Foundation may be able to you help with getting the disposition taken care of ..... http://www.calgunsfoundation.org/


Also you can check the forums at http://www.calguns.net/ for how others have handled the same situation.


Ray

 

[ponitora]

Thanks for your reply. I've already contacted the California "DOJ" and the process is expensive, lengthy and involved. First, I have to physically go to a "live scan operator" in California - where I no longer live - get fingerprinted, get a copy of my "record" and then somehow dispute that to get the note added to the record. It's a lengthy and involved process, forcing me to jump through the state's hoops when it was the state's incompetence of forty years ago that created this situation in the first place. A better idea might be to get the rifle shipped back to my old dealer in Nevada as I mentioned above, but that's an eight hundred mile drive from here so....

 

[Slobray]

Thanks for your reply. I've already contacted the California "DOJ" and the process is expensive, lengthy and involved. First, I have to physically go to a "live scan operator" in California - where I no longer live - get fingerprinted, get a copy of my "record" and then somehow dispute that to get the note added to the record. It's a lengthy and involved process, forcing me to jump through the state's hoops when it was the state's incompetence of forty years ago that created this situation in the first place. A better idea might be to get the rifle shipped back to my old dealer in Nevada as I mentioned above, but that's an eight hundred mile drive from here so....

The CA DOJ is just as anti-gun as the politicians that run the state, so they're going to make it as hard as possible for you to correct their mistake. Is this the last gun you're ever going to buy? If it isn't, it may be something you have to do and may be cheaper and less time consuming than you think. I suggest that eventually you get in contact with a CA gun rights attorney (like Don Kilmer or Davis and Associates) and they may be able to handle this without you having to leave OR. They may also save you time and money vs. a 1600 mile round trip every time you want to buy a firearm.



Ray

 

[ponitora]

Thanks for all of the replies, this is all very helpful. I have found some help and really appreciate the informative responses, looks like I'll get this resolved.

 

[biker bo]

Don't waste your time using Roseburg gun store. I took in a print out of the laws when I was delayed. Didn't matter to the owner. He along with many other shop owner are not going to rock the boat when it comes to to state.
If you find an dealer that will stand up for you let us all know. I would drive a 100 miles to do business with them.

 

[ZigZagZeke]

Find an Oregon FFL that will deliver to you after the 3 day wait and have it shipped there. For the future, contact a gun rights lawyer in CA and get this cleared up.

 

[Lantraxco]

Yes, it's at every FFL's discretion whether or not to complete the transfer after the time limit is up. I agree it's ridiculous, if there was a reason to deny your purchase then the check should have come back "Denied", if it didn't then complete the transfer. After all isn't that the whole false point of making us do NICS checks?

 

[ponitora]

Yes, it's at every FFL's discretion whether or not to complete the transfer after the time limit is up. I agree it's ridiculous, if there was a reason to deny your purchase then the check should have come back "Denied", if it didn't then complete the transfer. After all isn't that the whole false point of making us do NICS checks?

Absolutely agree and the FFL helping me with the transfer now says the same. I will post an update on that soon. As for the original FFL in Sutherlin, he sounded more like a gun control advocate than a firearms dealer. Maybe the issue is just with transfers? ie since there is not much money to be made doing transfers, perhaps some FFL's just can't be bothered?

 

[Mongo1]

You must reside in Oregon 90 days before making a firearm purchase.

 

[ponitora]

Been here one year, should have said 'relatively new'.

 

[Lantraxco]

You must reside in Oregon 90 days before making a firearm purchase.

There is no such limitation in the statutes. If you can show proof of "residence" for example, copy of a lease, etc. you can make the purchase. You don't have to be a resident at all to purchase a long gun.

 

[ponitora]

Something else of interest. If this rifle happened to be a real Winchester 1873 of that era ie manufactured before 1898 instead of being a copy of that rifle, then the FFL transfer process would not be required... go figure. I know those are the rules from the ATF ie an antique must date before 1898 it just seems a little weird in my opinion.

 

[joken]

It's because you once lived in California. Don't tell anyone.

 

[Who The F R U]

Have the dealer send it to a dealer in Washington.

Oregon goes through the state police.
Washington goes through the FBI.

You can pick up a rifle in ANY state.
Pistols only where you live.

 

[ponitora]

biker bo, Perhaps you can explain to Dave at Oak Grove Ventures in Eugene what your situation is, and it may be that he can assist you depending. I finally got the Uberti 1873 45LC and am very pleased with it. Of course no way I could afford a real genuine 1873, so this is definitely next best.