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Can anyone tell me what the protocol is when you submit your background check and 3 days later you pick up the firearm, then you are denied on the background. Went to OSP and they couldn't tell me whether to return the firearm to the store or keep it. I returned it out of good faith that OSP will clear this but has this happend to anyone else? and if so whats the law or answer to this?
 
Did they give you a reason for denial? If it was something form related you could try and have flu re-submit.
 
Did they give you a reason for denial? If it was something form related you could try and have flu re-submit.
I had the store re submit the background. I'm just curious what if any the law says on this ...seems it could be a major problem if the store refused to take back the firearm... the law allows the store to release it but nothing about surrendering it back if background is denied...
 
My understanding was that the OSP were responsible for recovering firearms that were released and then the BGC came back denied.

But, as the wife says, I'm usually wrong…
I have heard of this as well but according to the last article I read OSPs team that did that was disbanded due to budget cuts and being under staffed.
 
I'm more surprised you found a store that actually follows the LAW on 3 day release. After my LGS here in Junction City closed down, I couldn't find anyone in Eugene, Creswell, Springfield or Cottage Grove that would follow the actual law. I kept getting the old "duh, well, uhh, the law doesn't say that."
I'd love to know what store that was, I'd give them my business, I'm a CHL so it's a safe bet, at least til 2005 passes. Then we're all felons I think.
 
I'm more surprised you found a store that actually follows the LAW on 3 day release. After my LGS here in Junction City closed down, I couldn't find anyone in Eugene, Creswell, Springfield or Cottage Grove that would follow the actual law. I kept getting the old "duh, well, uhh, the law doesn't say that."
I'd love to know what store that was, I'd give them my business, I'm a CHL so it's a safe bet, at least til 2005 passes. Then we're all felons I think.
There are several stores in the Newberg, Tigard, McMinnville area that honor the 3 day law. I also have a CHL and was still denied.
 
When I was living in Hawaii, I had my long gun permit (permission slip to buy a long gun), and when I was traveling in Oregon, I bought a CZ 455 not planning on it returning to Hawaii. I had previously called Cabela's to ensure that I was clear on buying in Oregon via interstate commerce, and was told I was good to go and they had it in stock. I bought the gun, OSP wanted to talk to me during the BGC to confirm my address in Hawaii. Once it was confirmed, I was cleared.

Bought the rifle, scope, rings and a brick. Installed the scope and went blasting. A few hours later I get a call from Cabela's asking if I had a long gun permit. I told them I did, but it was back in Hawaii in my safe. They said I had to show them or I had to return it per AFT. I returned it to Cabela's.
 
Can anyone tell me what the protocol is when you submit your background check and 3 days later you pick up the firearm, then you are denied on the background. Went to OSP and they couldn't tell me whether to return the firearm to the store or keep it. I returned it out of good faith that OSP will clear this but has this happend to anyone else? and if so whats the law or answer to this?
Are you sure it was a denial or just a start over? Ive heard it it takes longer than 30 days your supposed to resubmit the BGC.....?

As for your question I dont think your obligated to return it or do anything. Neither is the gun store. If the OSP wants it they know where you are.
I would find out why it didnt clear and get that worked out though.
 
Props to

J&B FIREARM SALES
9575 SW Beaverton Hillsdale Hwy Beaverton, OR 97005

They were the first in this area to offer that.

Helpful and knowledgeable too.

Last I spoke to them, they were not receiving online sales, but they will get you your choice of firearm from their distributor, if they have it. I got them to look up one and their costs was the same as sportsmansoutdoorsuperstore.com, so I got it. They had it in the store within 2 days.

Can't speak highly enough about them, give them your business.
 
I have heard of this as well but according to the last article I read OSPs team that did that was disbanded due to budget cuts and being under staffed.
ATF has primary responsibility for recovery of denied firearms (transferred 3/5 days and subsequent fail/denial).
They have a separate branch in West Virginia that deals specifically with this. This then gets handled by the appropriate ATF field division. I don't think OSP ever had responsibility for that task.
After the FBI adjudicates transactions, it purges identifying purchaser
information for approved transactions within 24 hours pursuant to federal law, and
transmits all denials to ATF Denial Enforcement NICS Intelligence (DENI) Branch in
Martinsburg, West Virginia.
They also may contact dealers to obtain copies of the
application to purchase firearms (ATF Form 4473, Firearm Transfer Record). ATF
DENI Branch staff also contacts judicial and law enforcement agencies to request
copies of documentation to support or refute the FBI's decision to deny the firearm
transfer, if necessary.
The DENI Branch forwards to ATF field divisions only those denials that
require either recovery of a firearm or investigation for possible violations of federal
laws. In these cases, the DENI Branch also sends to the field division NICS
Coordinators ATF Form 4473 obtained from the dealer and any documents obtained
from judicial or law enforcement agencies to support the denial.
 
ATF has primary responsibility for recovery of denied firearms (transferred 3/5 days and subsequent fail/denial).
They have a separate branch in West Virginia that deals specifically with this. This then gets handled by the appropriate ATF field division. I don't think OSP ever had responsibility for that task.
This is correct if you're actually denied and already have possession due to 3 day release you can expect a police officer of some shape/form or agency to show up and confiscate it eventually.

If you got a denial you made the right call returning it.
 
Last Edited:
Props to

J&B FIREARM SALES
9575 SW Beaverton Hillsdale Hwy Beaverton, OR 97005

They were the first in this area to offer that.

Helpful and knowledgeable too.

Last I spoke to them, they were not receiving online sales, but they will get you your choice of firearm from their distributor, if they have it. I got them to look up one and their costs was the same as sportsmansoutdoorsuperstore.com, so I got it. They had it in the store within 2 days.

Can't speak highly enough about them, give them your business.
I have done a fair amount of business with them. My last transfer was done with them and was a online order, They said it changes day to day if they will do online transfers. They couldn't find me a specific lower i wanted and said they had room so i shipped it to them. They said feel free to call to see if they have room for transfers if they do they will. when looking for any thing they are my first stop now and always speak highly of them.
 
Tigard NW Armory is enforcing the 3 day rule, just bought two more handguns before the 10 round magazine law takes effect. Picked both firearms up Saturday after buying them Tuesday. I have had a CHL since 2002 , but that doesn't matter in Oregon anymore with our politicians it seems.
I would resubmit and watch those two newly worded questions, I almost answered one of them incorrectly and would have been denied. If you know that you have a clean background, resubmit.
 

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