SB 934 & HB 2791 - Removing State Police as point of contact for Nat'l B/G Checks

civilian75 · Apr 12, 2011

Two bill introduced at both House and Senate removes Department of State Police as designated state point of contact for purposes of National Instant Criminal Background Check System. Requires gun dealer to obtain authorization to transfer firearm directly from system.

I see it all good, but I am sure I must be missing something. So what's The Good, the Bad and the Ugly? Let's hear it, folks!

joeroket · Apr 12, 2011

civilian75 said:
Two bill introduced at both House and Senate removes Department of State Police as designated state point of contact for purposes of National Instant Criminal Background Check System. Requires gun dealer to obtain authorization to transfer firearm directly from system.

I see it all good, but I am sure I must be missing something. So what's The Good, the Bad and the Ugly? Let's hear it, folks!

Thats how we do it in Wa. Our dealers call NICS and get a proceed or denial. Very painless and simple. I have no complaints about it.

Stomper · Apr 12, 2011

Does this eliminate the $10 (and going up) fee to the OSP for the "service", or will it do directly to another entity?

pokerace · Apr 12, 2011

civilian75 said:
Two bill introduced at both House and Senate removes Department of State Police as designated state point of contact for purposes of National Instant Criminal Background Check System. Requires gun dealer to obtain authorization to transfer firearm directly from system.

I see it all good, but I am sure I must be missing something. So what's The Good, the Bad and the Ugly? Let's hear it, folks!

OSP wants to turn the background check into a money maker!!!!The NICS DOES NOT CHARGE FOR A BACKGROUND CHECK.

civilian75 · Apr 12, 2011

Stomper said:
Does this eliminate the $10 (and going up) fee to the OSP for the "service", or will it do directly to another entity?

Nope; here is that the revised statute reads:

166.414. (1) The Department of State Police may adopt a fee schedule for criminal [history record
checks required under ORS 166.412] background checks described in ORS 166.436 and collect a
fee for each criminal [history record] background check requested. The fee schedule shall be calculated to recover the cost of performing criminal [history record checks required under ORS
166.412] background checks, but may not exceed $10 per [record] background check.

The way I see it, FFLs can go directly to the NICS and pay nothing (hopefully), but everyone else must still go thru OSP and pay $10.

here is the House bill: <broken link removed>
Here is the Senate's: <broken link removed>

Stomper · Apr 12, 2011

Um... everyone else must still go through OSP? Wouldn't the FFL selling you a firearm be able to access NICS w/o involving the OSP? If not then I don't get it, what would be the point of all this? Private transactions aren't required (yet).

sadiesassy · Apr 12, 2011

This is currently a program that is not self funding - needs lots od tax payer dollars to survive.
They were developing a computer based system vs phone so I am not sure where that goes.
Basially the person on the other end of theline is typing in information and getting a number ( Most of their time)

SO my impression is - they are replacing it.
I would hope we just use the NCIS system and it is free to users. State should not be involved.
They can re-allocate resources into more important programs like going after poachers

Not sure when private transaction would ever be required - guess that is up to federal lawmakers.

enjr4 · Apr 12, 2011

I'm not sure I understand all of Oregon's rules; but, in WA the FFL goes straight to the Feds. You have a 5 day state wait (no charges) for handguns if you do not have a CPL. If you have the CPL and the NICS is approved, out the door you go. Everything else is face to face with some rules.
Ed

sandman1212 · Apr 12, 2011

civilian75 said:
The way I see it, FFLs can go directly to the NICS and pay nothing (hopefully), but everyone else must still go thru OSP and pay $10.

If you read the wording on the bills, it still leaves the option open to non FFL types to not use the background by using the word "may", but charges for the service if you should still choose to use it. FFL's would go through the NIC's system at no charge.

"Prior to transferring a firearm, a transferor other than a gun dealer may request by telephone
that the department conduct a criminal background check on the recipient"

civilian75 · Apr 12, 2011

I guess I should have said "everyone else who chooses to request BG checks would need to go thru OSP and pay $10." The point is the wording of the bill points to removing the OSP for FFLs but still leaves a state "system" in place to provide the "service" and to collect funds, a "system" that would not apply to FFLs. By ellimination, that 's everyone else. I know it does not make sense! That's why I am posting. See if anyone can figure it out. Is this a poorly drafted bill, or worst, a sneaky way to introduce BG checks for private transactions?

sandman1212 · Apr 13, 2011

IMHO, a poorly worded bill. If the state is going to offer the service, it should be free, but nothing is free in this world and there has to be a place for the funds to come from for the civilian program. I'll personally stick with the old way of self verifacation with a license and CPL and be happy not to pay for the nonsense state police BGC when buying from a dealer.
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