NICS....grrrrrrrrrrrr

elsullo · Jan 4, 2009

So, I went to the pawnshop to bail out a couple of guns. I waited slowly in a smelly, sweaty line to do this, me with the broken back and not a chair in sight. All of this went well until, with the guns in front of me, the NICS computer system was stated to be down. We were told that they would need to reboot and it might take a few hours. No guns until then.

A day later I call and am told that since I have one (paid-but-failed) application in with NICS that it is impossible to make another fresh one. I must wait fourteen days until the default release date. There are no exceptions.

That afternoon I went to a different and much nicer pawnshop and SUCCESSFULLY redeemed a different pair of pistols---no trouble with NICS since their computer was back up. However, that better pawnshop confirmed that you cannot make a fresh application if the first one failed, even due to NICS error. There is no recourse, and there is nobody to complain to. NICS does not take complaints.

I guess I need to write my congressman.................elsullo

BUZO71 · Jan 4, 2009

Probably what had happened was that your original request was kept in the NICS system for when it came back up. So, to the pawn guy, the computer won't let him input another request until the time period has lapsed. NICS showed the request but couldn't do the check, so it failed ya. NICS can't 'just make that go away' or you would see probably hundreds if not thousands NICS requests being lost. What sucks is, if you have been in line two or three people in front of you, it may have gone just fine!

bad timing. Its a computer, its bound to have problems at one time or another.

Bend · Jan 4, 2009

Link

CHANGES MADE FOR BACKGROUND CHECKS
For several years, OFF has received a large volume of correspondence from Oregonians who had been delayed for firearms purchases for reasons the buyers often could not understand.

It has always been OFF's position that background checks and requests for permission to exercise a right turn that right into a privilege, but until we can do away with these unconstitutional burdens we believe it is important to prevent as many obstacles to gun possession as possible.

At our request, the Oregon State Police ID unit agreed to review their polices and procedures concerning background checks.

OFF had several meetings with the OSP ID Unit and we are pleased to be able to report substantial progress and cooperation from the Oregon State Police.

OSP has rewritten their guide for gun dealers in Oregon and removed errors such as a statement that a transfer could not be made without an approval. In fact, in the absence of denial, transfers can take place after three business days have elapsed even if there is a "delay" or "pend."

The new manual reflects this and should be helpful for dealers who were unsure whether they could, in fact, deliver a firearm before an "approval" was issued.

The State Police will be sending a letter out to all Oregon gun dealers with information including new phone numbers that buyers can use to request information about delays and denials. The State Police have informed us that they plan to have an improved response to those inquiries.

OSP will also be providing dealers with handouts to give to customers with contact info in the event of a delay or denial.

For buyers who have questions about delays and denials, the new number to request information is 503-373-1808 EX 327. The State Police have promised to respond to questions about delays and denials promptly.

OSP also plans to post all this information and current documents on their website.

Doc In UPlace · Jan 4, 2009

This change by OSP is in line with what we've done in Washington... if NICS doesn't deny or respond in 3 days then the seller is released to transfer the firearm.

I'm surprised to hear Oregon hasn't been doing it this way all along, because OR law is ahead of WA in many other areas.

BUZO71 · Jan 4, 2009

Doc In UPlace said:
This change by OSP is in line with what we've done in Washington... if NICS doesn't deny or respond in 3 days then the seller is released to transfer the firearm.

I'm surprised to hear Oregon hasn't been doing it this way all along, because OR law is ahead of WA in many other areas.

So, in three days, if NICS hasn't responded, the person is cleared to transfer?

armedandsafe · Jan 4, 2009

Three business days.

Pops

Doc In UPlace · Jan 4, 2009

Good call. Yes.

Bend · Jan 4, 2009

Doc In UPlace said:
This change by OSP is in line with what we've done in Washington... if NICS doesn't deny or respond in 3 days then the seller is released to transfer the firearm.

I'm surprised to hear Oregon hasn't been doing it this way all along, because OR law is ahead of WA in many other areas.

OR law has had the 3 business day rule for a while. However, most if not all business FFL's will not, at least in the past, do a transfer. It was more of a CYA thing for possible court costs.

Doc In UPlace · Jan 4, 2009

Seems like since this is a National system, State's statutes should be uniform in this regard to provide protection to the sellers... I thought they were!

Interesting thread.

Bend · Jan 4, 2009

Oregon is on a state background check system.

Therefore, they can keep transaction records. Not like the BATFE & the national system that is directed by law to delete records after a short time. :s0131: