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OR: Buying Gun from FFL with CHL?

Discussion in 'Legal & Political Archive' started by cascadianliberty2012, Apr 7, 2013.

  1. cascadianliberty2012

    cascadianliberty2012 DPR Portland Well-Known Member

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    Ok, so I'm hearing conflicting views about this. I live in Oregon and have a CHL. Does that CHL negate the need for an FFL to require to run the NICS background check on me when I buy a gun from a store like that? I know there are several states where this is the case, but I just don't know if it is here. I've heard some people say yes, and others say no.

    Does anyone know for sure?
     
  2. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    NO the CHL has no effect what so ever on the Sale of a firearm by an FFL in the STATE OF OREGON

    You will still have to fill out a form 4473 completely and sign it. The FFL will then have to either by computer on line or telephone call OSP and they will conduct the BGC using both in state and NICS data bases. It can take from a few min to HOURS depending on the work load.
     
  3. PDXSparky

    PDXSparky Keizer / Hillsboro Well-Known Member

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    Truth ^
     
    1 person likes this.
  4. fuhr52

    fuhr52 Lane County. Oregon Well-Known Member

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    I bought a gun shortly after getting my CHL. The dealer told me he wanted my drivers license. The CHL didn't mean anything to him. So no the CHL doesn't get you any brownie points.
     
  5. BillM

    BillM Amity OR Bronze Supporter Bronze Supporter

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    It used to. Back in the old days---1980's into the 90's??--there was a waiting period in Oregon.
    If you had a CHL you didn't have to wait, sales were immediate. When the "instant check"
    system came in, the waiting period went away, and the CHL ceased to make any difference
    on purchases.
     
  6. pokerace

    pokerace Newberg Well-Known Member

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    OSP wants there $10.00 dollars Last time I looked ther were over 89000 gun sold in Oregon. you do the math.
     
  7. cascadianliberty2012

    cascadianliberty2012 DPR Portland Well-Known Member

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    Yeah of course. That's kind of my biggest issue with "universal background checks" too. If everyone has to do it, they will undoubtedly make it more expensive. Ha, some FFL's around Portland charge $75 to transfer ONE gun, when it only costs them $10 and 5 minutes. Ok ok, the backdoor registration is a fear too.
     
  8. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Pretty much the same in WA, just bypasses the waiting period, still need the NICS check run.
     
  9. aslinged

    aslinged Southern Oregon Well-Known Member

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    The contradictions here tell the true intentions and failure to compromise of gun grabbers: if universal background checks were innocuous (which history does not support) and would do anything to dispel crime then a simple tit for tat would be obvious. You get universal background checks if we get total assurance that records are destroyed (which they are not and this is on record even though it's currently illegal) and CHL carriers can simply show their licenses and not pay the fees. But NO! Gun grabbers cannot give up their lust for control and state institutions cannot turn away an easy dollar--especially when the dollars add up to hundreds of millions each year.

    If universal background checks are going to be a reality then CHL carriers should get a free pass, nationwide reciprocity should be effected and the AWB on short barreled rifles and suppressors should disappear. You get the CHL and you're over the hurdle, you're a trustworthy citizen and the taxes end. This won't happen.
     
  10. smcclain

    smcclain Eugene, OR Member

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    Min's to Hours? HA I wish!
    I just got hit with the dreaded "Delayed" status, and they quoted a time of May 29th, freaking 5-6 weeks out!
     
  11. solv3nt

    solv3nt Portland Well-Known Member

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    Federal law says that the FFL can transfer your firearm to you after I believe 3 business days. Check with your FFL, if it's not a no, then they are allowed to release it. OSP has been telling FFL's that they can't, and it's illegal, blah, blah, blah, but it's not. It pays to know more than the other guy.
     
  12. bellarum

    bellarum beaverton Well-Known Member

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    +1 I heard somewhere that they are trying to get that time down to 24hrs.
     
  13. JAFO

    JAFO OR, USA Silver Supporter Silver Supporter

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    Not really in this case.

    Name one FFL dealer that would release a gun without a "yes" from OSP.
     
  14. solv3nt

    solv3nt Portland Well-Known Member

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  15. solv3nt

    solv3nt Portland Well-Known Member

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    Leg 166.412
    (c) If the department fails to provide a unique approval number to a gun dealer or to notify the gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close of the gun dealer’s next business day following the request by the dealer for a criminal history record check, the dealer may deliver the handgun to the purchaser.
    http://www.leg.state.or.us/ors/166.html
     
  16. smcclain

    smcclain Eugene, OR Member

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    Yeah, I even printed it out for them still a no-go. They are all scared of being sued I think :(

    Here is the relevant law and BOTH must be complied with so worst case should be 72hrs plus the day request was filed so 4 days.

    The following is a summary of the requirements regarding release of a firearm prior to or when no approval number has been provided by the FICS Unit.
    • ORS 166.412 (3) (c) If the department fails to provide a unique approval number to a gun dealer or to notify the gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close of the gun dealer’s next business day following the request by the dealer for a criminal history record check, the dealer may deliver the handgun to the purchaser.
    • Federal law prohibits release of a firearm until after the expiration of three business days, not counting the day on which the dealer asks OSP to conduct a criminal history record check, unless the OSP provides an approval number first.
     
  17. solv3nt

    solv3nt Portland Well-Known Member

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    Well, next time you purchase a firearm, check with the FFL if they follow the laws :p
     
  18. accessbob

    accessbob Molalla, OR 2A Supporter

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    The Gun Broker - Clackamas. I had a delay for my Mosin M38 purchase and they legally released to me 3 business days after the delay even though they hadn't heard back. And it is Business Days, so weekends and holidays don't count.
     
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