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Private Party Background Check Question

Discussion in 'Legal & Political Archive' started by etrain16, Apr 9, 2015.

  1. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    Okay, so I have a question I'm pretty sure has been discussed here before, but since the search function is down again, I'm having trouble finding any threads that discuss it. I also know this may even be a sensitive topic for some folks. And note, this question is based under the current law, not under the potential SB 941 UBC law.

    You'll pardon my lack of knowledge in this particular area, but I'm curious, I seem to recall it's currently possible for a private citizen in Oregon to conduct a background check through the state system, without going to an FFL. I found an 800 number for the state system, but even that wasn't really clear on the process for a private citizen.

    I normally ask for both and ODL and CHL if I'm selling a pistol. It's my part for doing some diligence to keep a gun out of a potentially prohibited person's hands. But usually it happens that someone will contact me that doesn't have a CHL and they still want to purchase it anyway. I'd like to offer a BGC as an option if they really want to purchase what I have, but I'm not sure exactly how to do that if it comes up. For my own peace of mind, I won't sell a pistol without either a CHL or a BGC. I know not everyone will agree with me on that.

    It seems there is a $10 fee for a private citizen to run one just like it would be for an FFL, is that correct? If so, do you just call them with a credit card to pay that fee? What information will they ask you?

    Thanks for your input folks.
     
  2. rick benjamin

    rick benjamin USA, Or, Damascus Secure the drama Silver Supporter 2016 Volunteer

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  3. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    I found that earlier, but it wasn't clear how it worked. Since I wouldn't have an account with them, I was wondering how the fee is paid - for example, do they want a credit card number before they process the check? Do I just need someone's ODL to process it? I can't seem to find those answers on the site.
     
    ZA_Survivalist likes this.
  4. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    This is a good question.. If both parties do their own paperwork and run a BGC in a sale, why do we still need an FFL transfer?

    Does the new proposed law adress that?
     
  5. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    As I understand it, under SB941, the private BGC option goes away, and an FFL would be required to perform the transfer/BGC. :(
     
  6. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    Thats just insane! We should file to add an amendment. Its essentially extortion from that point on with no BGC/ transfer cap.
     
    etrain16, gryghin and Dyjital like this.
  7. Uberdillo

    Uberdillo Oregon Active Member

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    Welcome to the club. Do we offer incentives along with a mandate and awareness campaign to use the already available system? Nope. Set up a system where you economically sanction and create disincentives for compliance.

    There's that saying "Never attribute to malice that which is adequately explained by stupidity." I keep being conflicted about this and I think the problem is that it's so much of both.
     
  8. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    You're right. That very issue has been one of the talking points against the proposed amendment, namely, that a system for private background checks already exists. But they, of course, can't accept that, they want it to be mandatory through an FFL - why? Registration.
     
    Slobray, ZA_Survivalist and robertg like this.
  9. Mikej

    Mikej Portland Gold Supporter Gold Supporter 2015 Volunteer 2016 Volunteer

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    Yeah. See how that amendment filing thing goes. Give ol' Prazanski a call. I'm sure he'll get right back to you.....
     
    ZA_Survivalist likes this.
  10. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    Also, if OR and WA have UBCs that FORCE you to go to an FFL, we should be able to cross state lines and transfer a pistol correct? Both parties are there, they have the BGC ran.. A pistol is now in the name of the next owner.. SO..?
     
  11. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    Almost - the federal government is the one that restricts interstate transfer of firearms, so as logical as that idea is, the feds prohibit it. That said, there was a court ruling not long ago that stated the interstate transfer restriction was unconstitutional. I'm still waiting to see if that pans out in some kind of court challenge before I try my hand at something like that. There was a thread on that very topic, but with the search function down, I didn't have any luck finding that previous thread.

    EDIT - I found the thread about this topic: https://www.northwestfirearms.com/t...dgun-sales-ban-ruled-unconstitutional.190237/
     
    Last edited: Apr 10, 2015
  12. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    Oh yeah! I remember that thread. I too was happy to see it.. But like you Ill wait until its in stone before I buy/sell a pistol past state lines
     
    etrain16 likes this.
  13. CarlMc

    CarlMc Safely north of Seattle Active Member

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    There are times I would like to have someone's character validated, and not limited to firearms transactions. Landlords would like to check out their prospective tenants, employment applications, school activities, and so on. These background checks happen without any sort of permanent record, so why a BGC for a sale of private property, such as a gun or typewriter, is any different befuddles me.

    I used to help out at my kids' schools. BGC. I have and have had interesting security clearances. Major BGC's. I have a passport. BGC. I have an enhanced driver's license. BCG. I have a concealed carry permit. BGC. I had a security clearance in the military. BGC. I rented a number of homes over the years. BGC. Probably more checks than I've even aware of.

    I envision a phone number someone can call, provide a PIN from the caller as well as the prospect, then the results delivered. Perhaps even privately administered. No permanent record, no registration of why you needed to call. No hassle. Other than the ulterior motives of the government, which won't be spoken, why is this such a hard things to do?