Oregon delayed purchase: what to do?

[jbett98]

OSP by law has to wipe clear your firearm BGC record every four years and eleven months.

 

[Ura-Ki]

OSP by law has to wipe clear your firearm BGC record every four years and eleven months.

But they don't follow that law, they got caught keeping them longer TWICE, lied about it, and then Gov'ness K8 ordered them to retain the records indefinitely ( or until she gets replaced) then who knows!!!

 

[jbett98]

Every 5 years I get an indefinite BGC delay by the OSP.
I then go through the hassle of proving that a 1980 Class B misdemeanor I received in Utah while hitchhiking through their state was legally expunged many years ago.
They always try to blame Utah for the problem and when I send them the notarized legal documents to clear my record, they grudgingly admit that they had just wiped clear my records and hadn't updated my file.
I just went through this a couple of months ago. It doesn't matter that I have multiple tax stamps, a valid concealed carry permit and have never had any sort of legal problems since 1980.

 

[ma96782]

BUT, But, but.......
According to the Media. The trend is, that Americans want Universal BGS to apply to the entire Nation.

I'd kind of doubt, that most of the Nation is even aware of these problems.

Then.......there are those that would just be like......
Good. They don't need guns in the first place. Only the Police and Military should have guns. ANYTHING to dissuade them, is helping the cause.

Aloha, Mark

 

[po18guy]

Tell a voter!

 

[logtrucker]

I waited until the delay date was up and went to a another shop and it went thru. This was a purchase I made from another private party. So I was able to move shops. Good luck

 

[po18guy]

Heck, you can get your gun tonight in NE Portland. Instant cash-ground check.

 

[v0sintheta-gt]

Hey all,

Thanks for all the support in this. I think that yes, it's wise to have some patience with this, even though I personally disagree with what's going on (and it sounds like many of you are thinking the same). As I said this was just supposed to be a piece for weekend target practice at the range. Fortunately, I'm already stocked so I'm not in a rush to pick it up, but it IS my property that I paid for and blah blah blah.

It's been 2 weeks to the day today. So I dropped FICS another email (never did get a response to the first one and nobody is picking up the phone). I think I will also drop a letter in the mail soon. I'll ping them via email every once in a while.

The store says "there's nothing we can do". I should have asked before purchasing (wasn't aware of the law at the time, live and learn). I'm not going to argue with them about my own interpretation of the law at this point. I HAVE considered transferring it to another store that will comply with the law. Is that doable?

Bit disappointed but not surprised.

I'd thank you all individually but there's a lot of good information here, thanks for all the tips!

 

[dinky450]

Hey all,

Thanks for all the support in this. I think that yes, it's wise to have some patience with this, even though I personally disagree with what's going on (and it sounds like many of you are thinking the same). As I said this was just supposed to be a piece for weekend target practice at the range. Fortunately, I'm already stocked so I'm not in a rush to pick it up, but it IS my property that I paid for and blah blah blah.

It's been 2 weeks to the day today. So I dropped FICS another email (never did get a response to the first one and nobody is picking up the phone). I think I will also drop a letter in the mail soon. I'll ping them via email every once in a while.

The store says "there's nothing we can do". I should have asked before purchasing (wasn't aware of the law at the time, live and learn). I'm not going to argue with them about my own interpretation of the law at this point. I HAVE considered transferring it to another store that will comply with the law. Is that doable?

Bit disappointed but not surprised.

I'd thank you all individually but there's a lot of good information here, thanks for all the tips!

Wouldn't wait too long OSP is not moving delays very fast. There are people that have been delayed for a year. I would definitely not give up on calling and emailing them.

 

[gotashahoot]

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!

My delay lead me to the OSP office after reading your post. Emails and hot line got no replyes. I am in Salem and local so easy to go in person. The front desk ladies baulked at my wanting to submit a copy of my CHL. As if they are above the local counties. Very rude in fact. Said CHL had zero merit. But they did ( if a delay, not denial) after 1/2 hour wait let me speak to IFBC agent. The agent said a recent new procedural change is requiring records for may misdemeanors that never before required record reviews. They noted charges from 35 years previous. I called the counties records for the past charges noted and after two weeks of delay, OSP had not even requested records yet. One county records office could not even find any records as the charge was so old. Osp hadn't even requested records from Salem city municipal court yet also. Took information back to OSP and noted the courts haven't received records requests and OSP officer said oh, we are going to now. I will be calling those record departments back to check. I think I will let my count Sheriff know their issuance of CHL has no merit.

 

[Mikej]

My delay lead me to the OSP office after reading your post. Emails and hot line got no replyes. I am in Salem and local so easy to go in person. The front desk ladies baulked at my wanting to submit a copy of my CHL. As if they are above the local counties. Very rude in fact. Said CHL had zero merit. But they did ( if a delay, not denial) after 1/2 hour wait let me speak to IFBC agent. The agent said a recent new procedural change is requiring records for may misdemeanors that never before required record reviews. They noted charges from 35 years previous. I called the counties records for the past charges noted and after two weeks of delay, OSP had not even requested records yet. One county records office could not even find any records as the charge was so old. Osp hadn't even requested records from Salem city municipal court yet also. Took information back to OSP and noted the courts haven't received records requests and OSP officer said oh, we are going to now. I will be calling those record departments back to check. I think I will let my count Sheriff know their issuance of CHL has no merit.

When the wife got her first gun she was delayed. Around 2010. WE had to go to the court building in downtown potland. (It was still Portland then ) there was no record there. We, or they, finally found a small indiscretion for the wife 30 years prior where she was in the car with a couple other kids, at 19 years old, where one of the boys did something with a wrist rocket. There were no charges, no arrest, no fine, nothing but her name on some piece of paper somewhere.
I don't imagine things have become smoother in the last 12 years. Good luck getting you permit.

 

[dplev4]

Request a complete copy of your Oregon DMV history and once received forward to OSP. Keep contacting OSP. Both email and phone.

it's difficult to know the reason for the delay. However I am aware that some approvals have been delayed due to lack of clarity of prior driving convictions. For example, DWS is most often a misdemeanor but because there is a penalty version if the record isn't clear and just DWS is listed, OSP will delay the approval. Uncategorized assault is another, although I'm aware of only instance where this happened.

Good luck.

 

[dinky450]

My delay lead me to the OSP office after reading your post. Emails and hot line got no replyes. I am in Salem and local so easy to go in person. The front desk ladies baulked at my wanting to submit a copy of my CHL. As if they are above the local counties. Very rude in fact. Said CHL had zero merit. But they did ( if a delay, not denial) after 1/2 hour wait let me speak to IFBC agent. The agent said a recent new procedural change is requiring records for may misdemeanors that never before required record reviews. They noted charges from 35 years previous. I called the counties records for the past charges noted and after two weeks of delay, OSP had not even requested records yet. One county records office could not even find any records as the charge was so old. Osp hadn't even requested records from Salem city municipal court yet also. Took information back to OSP and noted the courts haven't received records requests and OSP officer said oh, we are going to now. I will be calling those record departments back to check. I think I will let my count Sheriff know their issuance of CHL has no merit.

I have the same thing going with me but mine is a lot newer. i consulted my lawyer and she said nothing we can do but expunge my record. the cost is $1,000 to $2,000 and i can do it next year. We're dealing with state agencies that don't like to play with each other and takes forever to get things done. you would think they would all be on the same system and talk all the time but they don't. I myself went down to OSP headquarters and had a complete different experience they approved my delay by time i left Salem. then again i was approved 2 times within the last month before my 3rd delay lol. When i went in there i asked questions and was looking for answers. when the agent couldn't give me any valid answer's i just looked at him and asked "Then why am i delayed per state law you should approve it by now".

 

[gotashahoot]

I have the same thing going with me but mine is a lot newer. i consulted my lawyer and she said nothing we can do but expunge my record. the cost is $1,000 to $2,000 and i can do it next year. We're dealing with state agencies that don't like to play with each other and takes forever to get things done. you would think they would all be on the same system and talk all the time but they don't. I myself went down to OSP headquarters and had a complete different experience they approved my delay by time i left Salem. then again i was approved 2 times within the last month before my 3rd delay lol. When i went in there i asked questions and was looking for answers. when the agent couldn't give me any valid answer's i just looked at him and asked "Then why am i delayed per state law you should approve it by now".

you can do you own expungement for cost of court filing, 260$, fingerprint and records request, 80$.... and some legwork.... court filing used to be free about 15 years ago.... still a good deal.....

 

[dinky450]

you can do you own expungement for cost of court filing, 260$, fingerprint and records request, 80$.... and some legwork.... court filing used to be free about 15 years ago.... still a good deal.....

Yeah I don't have much time. I'll just pay my lawyer who is on retainer already.

 

[oremike]

I had an issue getting my FFL approved when I first got it, I'll not go into details but the bottom line was I went to the city and the county and got both to say basically neither had any interest in me for any reason. Re-submitted the documents with the signed statements to the FBI and they cleared my FFL background check. A couple years later I was delayed for a handgun purchase, this was with both a FFL and a concealed carry permit. I called the complaint line and requested a supervisor call me back. A couple of hours later I got the call back and the supervisor said she had a higher level computer access and could see what the problem was. She said she'd fix whatever the problem was and I could go get my gun. Ever since then my background checks go right on through. My long winded point being that once the issue is resolved you should be in like Flynn.

 

[Mikej]

I had an issue getting my FFL approved when I first got it, I'll not go into details but the bottom line was I went to the city and the county and got both to say basically neither had any interest in me for any reason. Re-submitted the documents with the signed statements to the FBI and they cleared my FFL background check. A couple years later I was delayed for a handgun purchase, this was with both a FFL and a concealed carry permit. I called the complaint line and requested a supervisor call me back. A couple of hours later I got the call back and the supervisor said she had a higher level computer access and could see what the problem was. She said she'd fix whatever the problem was and I could go get my gun. Ever since then my background checks go right on through. My long winded point being that once the issue is resolved you should be in like Flynn.

Ah, the good old daze, when they worked FOR the citizens!

 

[gotashahoot]

CHL permit does get you to front of the line with OSP IFBC most of the time. Not sure why. If delayed it means nothing. Guess CHL just indicates you were approved for a BGC at the time of applying for it just like getting approved for any previous transfer and BGC. One would think if 5 years hadn't passed and any previous record requests were not purged which could require a delay for new records, why and how could you be delayed after years of approvals?
They are delaying and researching records for all kinds of normally non disqualifying misdemeanors. Only misdemeanors of domestic violence are disqualifying, ( violence toward a victim whom have/had relationship with) . They are requesting records and looking for language of potential domestic violence in misdemeanor cases. Isn't the court to determine the domestic violence nature of a misdemeanor crime and charge accordingly? Are they judge and jury now? My guess they are pressured politically to cover for a few crazies that get past the system. Getting delayed and treated like a felon to check misdemeanors like noise disturbance, disorderly conduct or criminal mischief from 25-35 years ago is disheartening. Going in person to OSP can get results from my experience. They will tell you the charge they are requesting records for. You can call the courts and see if any records are available, and see if OSP has even requested any yet, get case numbers, details and return info to OSP. Follow up. But expect to go thru process every five years if they truly purge records unless you get charges set aside or they quit looking into traditionally non qualifying charges.

 

[oremike]

I was told that my thing popped up because they are now digetalizing the records working backwards in time. So over 30 years of buying guns and all of a sudden I couldn't. So rather than wait for the wheels of justice to make it right I took a day going up and down the hill in Oregon City until I got the statements and signatures I needed.

 

[ma96782]

WAITING, Waiting, waiting....... to exercise a RIGHT?



Aloha, Mark