Oregon delayed purchase: what to do?

[v0sintheta-gt]

Hi NW gunners,

So I decided to buy a Ruger .22 (you read that right) for fun times at Threat Dynamics. It landed at the local FFL last week. I went in right away and filled out the paperwork and the very next day I was informed that I was delayed. That's a first for me, ever, and it's an absolute mystery as to why it might have happened. My record is spotless. To me, this isn't right because of that very reason. I don't care if someone else has a similar name to me or whatever excuse it is, I pass the test, I should be given what I've paid for.

Anyway, I have called Oregon FICS maybe 3 times now. I left a voicemail the first time and I'm not going to pester them with additional messages, but I do think calling them once a day until somebody answers is reasonable. I also sent them an email. In any case, no response. Disappointed but not surprised.

Before anyone says anything, I have already found this page on OFF but I take everything printed there with a grain of salt. Has anyone pressed the point with a seller? I wish I would have known about this before I had purchased, I would have called and spoken to the manager to see if they would follow through. But here I am.

My plan is to wait until a week passes after the delivery date and then print out a copy of ORS 166.470 with some highlighting and take it over to the manager.

Anyone ever gone this route?

Read More

 

[ColeInOregon]

I read in Oregon Live the other day that OSP is only accepting challenges via email or standard mail:

" As of April of this year, the unit would only receive people's challenges of denied sales due to failed background checks by email or U.S. mail."

I know the article states "denied" but if I were a betting man my money would be that this applies to to delays as well.

OregonLive: Here is what background check numbers tell us about last year's gun sales in Oregon.

Here is what background check numbers tell us about last year’s gun sales in Oregon

Oregon State Police last year conducted 338,330 background checks on prospective gun buyers, according to the agency's latest report.

www.oregonlive.com

 

[nwslopoke]

Were you delayed due to high numbers of people in line? I've been in the 4000s and it took a week.

 

[Yarome]

It's always best to ask a dealer if they will transfer the firearm after the 3-day mark for "non-denials" BEFORE you make your purchase. Once they have your money you really don't have any other recourse but to wait it out... or... cancel the purchase for a refund and eat the BCG fees.

I've never heard of anyone having any luck speeding up the process by pestering OSP or filling up their voicemail. I've never heard of anyone ever getting a call back for that matter... but not as if I would be "in the know" if someone had.

In most instances though, it generally doesn't pay to pester the dealer (or OSP) out of impatience or a persons own lack of clearly understanding the dealers terms prior to purchase. If you ever plan to buy from the same dealer again, I don't expect them to be real willing to do you a great deal, KWIM?

Probably don''t want an * by my name in the OSP records either.

We all know OSP misinforms FFL's about the 3-day law so it's really up to the FFL's personal policies what they will and won't do. Unfortunate as that may be, they have the right to set their own business policies and practices. The law also doesn't state they MUST, just that they "MAY". OSP takes advantage of that, along with a liability threat, so more often than not, FFL's will choose the safest route for THEM. Especially if they don't know you from Jack. One sale isn't worth the potential hassle... even if a non-denial transfer is perfectly legal... it just ain't worth the potential flack and/or OSP attention on their business.

That doesn't mean a polite follow-up check with the dealer is out of line, but I sure wouldn't go slapping down law printouts or making any demands.

 

[40Garand]

When your 4473 info was submitted into the computer where did you end up in the OSP background check line? How many buyers were ahead of you? Is it possible that the gun shop called you in error with somebody else's results? Lets say you're 1600 in the hole how in the world do you get a delay the following day? Not going to say it's not possible but I'd double check with your dealer. Something sounds screwy.

 

[cigars]

If you have an Oregon CHL, use that for the BCG. Last two I did were instant. If you use you standard drivers license you will just get thrown into the queue with the masses. But you're in the queue now so just ride it out. Not to be glib but it is what it is.

 

[dinky450]

I have my CHL I had no issues last year at all and years before Top of the list approved in 20mins. I do have a wreckless driving on my record from 2016. This March I was put on delay for 60days and finally got a call back from osp. New background check all good it cleared next day. Not even a week later I bought a shotgun top of the list and delayed.... I emailed osp and was cleared next day. Not even a month later I sold/transfered a rifle and bought a new one got delayed again and this time July 27th lol. I was in Salem today picking up materials for work and decided to stop in at OSP headquarters. Knowing my own background, having a CHL and know I should not be delayed I wanted questions answered. They did not say much on what was going on but did tell me I should have not been put on delay. They approved my check and I had a phone call from the store by time I left Salem. OSP was very friendly in person and were very understanding I know this might not work for some but I know what's on my record and not a disqualification.

 

[dinky450]

If you have an Oregon CHL, use that for the BCG. Last two I did were instant. If you use you standard drivers license you will just get thrown into the queue with the masses. But you're in the queue now so just ride it out. Not to be glib but it is what it is.

It is tied to your driver's license now. I've done it both ways same time frame

 

[arakboss]

It's always best to ask a dealer if they will transfer the firearm after the 3-day mark for "non-denials" BEFORE you make your purchase. Once they have your money you really don't have any other recourse but to wait it out... or... cancel the purchase for a refund and eat the BCG fees.

I've never heard of anyone having any luck speeding up the process by pestering OSP or filling up their voicemail. I've never heard of anyone ever getting a call back for that matter... but not as if I would be "in the know" if someone had.

In most instances though, it generally doesn't pay to pester the dealer (or OSP) out of impatience or a persons own lack of clearly understanding the dealers terms prior to purchase. If you ever plan to buy from the same dealer again, I don't expect them to be real willing to do you a great deal, KWIM?

Probably don''t want an * by my name in the OSP records either.

We all know OSP misinforms FFL's about the 3-day law so it's really up to the FFL's personal policies what they will and won't do. Unfortunate as that may be, they have the right to set their own business policies and practices. The law also doesn't state they MUST, just that they "MAY". OSP takes advantage of that, along with a liability threat, so more often than not, FFL's will choose the safest route for THEM. Especially if they don't know you from Jack. One sale isn't worth the potential hassle... even if a non-denial transfer is perfectly legal... it just ain't worth the potential flack and/or OSP attention on their business.

That doesn't mean a polite follow-up check with the dealer is out of line, but I sure wouldn't go slapping down law printouts or making any demands.

Which FFLs honor 3 day rule?

 

[solv3nt]

The system was down last week Friday, and I got delayed. I have a spotless record, CHL and I was picking up an approved tax stamp item. The FFL indicated that a delay is caused if the OSP didn't hear back from all of your residence states from where your lived. In such case, the reviewer can hit the delay button and move on until they pick it up again.

I'm my case, they submitted another BGC, and after a very long time of my case being "under review" the OSP approved it. I sat for at least 15 minutes in the "under review" status.

 

[jbett98]

Which FFLs honor 3 day rule?

Tigard Pawn 4 more will release your firearm 5 days after the 30 day delay expires and OSP doesn't extend the delay.

Try calling the OSP delay hotline first thing in the morning on a Saturday or Sunday.

 

[NeoBlackdog]

Go knock on Kate's door and chew her out. Ultimately, she's the one responsible and she is supposed to work for you.

(Yeah, I know. Fat chance, cold day in hell, yada, yada, yada...)

 

[3MTA3]

@Ura-Ki had a delay issue fairly recently and IIRC his FFL finally transferred the firearm after a lengthy BGC delay.

 

[3MTA3]

@Ura-Ki had a delay issue fairly recently and IIRC his FFL finally transferred the firearm after a lengthy BGC delay.

She's too busy letting child murders with life/no parole sentences off scott free. Talk to the left hand.

 

[ma96782]

OR be like.....

It's what happens.....
When law abiding people need to ask first......
For permission.

Aloha, Mark

 

[Ura-Ki]

@Ura-Ki had a delay issue fairly recently and IIRC his FFL finally transferred the firearm after a lengthy BGC delay.

Yup, almost 30 days waiting! Really sucked as it was a deal with a member here and I really REALLY wanted that rifle!
First, the OSP canceled with no explanation, no phone call, no nuffin, had to start all over, que was up over 5000, was told it could take 3 to 4 days! The OSP cannot cancel, only delay, deny, or clear, PERIOD! I never got any answers from the OSP the several times I called and even stopped by ( their main office is literally within walking distance from my home) and the lady running the front desk had no answers and refused to escalate it to the firearms division for an answer! So, I was left to wait it out until I got a final answer, literally 30 days from start to finish and a 1 1/2 hour drive the three trips I had to make to the FFL!
Marion County Sheriff told me the OSP was slow-walking under Kates orders, and that if it didn't get resolved within the 30 days, he would go visit the OSP and get answers, and HE would clear me!

 

[solv3nt]

Yup, almost 30 days waiting! Really sucked as it was a deal with a member here and I really REALLY wanted that rifle!
First, the OSP canceled with no explanation, no phone call, no nuffin, had to start all over, que was up over 5000, was told it could take 3 to 4 days! The OSP cannot cancel, only delay, deny, or clear, PERIOD! I never got any answers from the OSP the several times I called and even stopped by ( their main office is literally within walking distance from my home) and the lady running the front desk had no answers and refused to escalate it to the firearms division for an answer! So, I was left to wait it out until I got a final answer, literally 30 days from start to finish and a 1 1/2 hour drive the three trips I had to make to the FFL!
Marion County Sheriff told me the OSP was slow-walking under Kates orders, and that if it didn't get resolved within the 30 days, he would go visit the OSP and get answers, and HE would clear me!

What did you buy?

 

[Ura-Ki]

What did you buy?

Clicky to Embiggun!

 

[Mark W.]

62 days I had to get RIck Lewis my state rep involved talked to a lawyer the sheriff and they couldn't find any reason. Was told I had an arrest for driving while suspended in 1981 (have done dozens of BGC since then in less then 15 min) and they could tell if it was a felony. Rick Lewis was called and within 24 hours the lady that runs the OSP BGC dept was on the phone explaining how some other dept never logged the investigation they did years ago that showed it was not a felony. So that was the problem. No explination of how I had bought a pistol in less then 15 min a year prior. Rick Lewis's office then called me back to make damn sure I got my Winchester 1885 Single shot!

 

[JohnnyMac]

One and done OP. I wonder if @v0sintheta-gt ever got his gun....