Oregon What Happens If Gov. Brown Shuts Down OSP's Background Check Dept For Lengthy Period Of Time?

[arakboss]

What do you think the likelihood of this happening is?

I could see Gov. Brown de-prioritizing the OSP's duties in this Dept and telling them to shut it down while the virus emergency period is active. Could FFL make attempt to process background check via web and then legally hand over firearm if OSP didn't respond in three business days? Something like this happened when OSP was refusing to process background checks on Mossberg Shockwaves. My FFL said he could legally hand one over to customer if the OSP didn't process background check in three business days.

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[Greenbug]

The OSP Troopers do not run the background check system, those employees are contractors not sworn personnel.

 

[ZA_Survivalist]

Id assume that basically infringes on the right to obtain a firearm.

 

[arakboss]

The OSP Troopers do not run the background check system, those employees are contractors not sworn personnel.

Interesting I did not know that. I could still see them shutting it down temporarily if they shut down other government offices.

 

[arakboss]

Id assume that basically infringes on the right to obtain a firearm.

There seems to be a lot of that going around these days.

 

[oremike]

A lot of dealers won't give the firearm up to the purchaser after the 3 days due to the hassle of getting the firearm back if the buyer doesn't pass the check.

 

[arakboss]

A lot of dealers won't give the firearm up to the purchaser after the 3 days due to the hassle of getting the firearm back if the buyer doesn't pass the check.

So OSP would run the check when they reopened and then if the buyer didn't pass the FFL would have to get the firearm back?

 

[oremike]

They can't leagaly sell a firearm to someone that can't pass the background check.

 

[WAYNO]

The lords of other areas have stopped the transfer of firearms during this 'emergency' , so I would not put it past ms brownstain to figure out a way.

 

[CountryGent]

A lot of dealers won't give the firearm up to the purchaser after the 3 days due to the hassle of getting the firearm back if the buyer doesn't pass the check.

I have an 01FFL and I wouldn't unless it was the closest of relations (e.g., spouse, parent, sibling, etc.). The law says after three days it us up to the dealer's discretion, but why open yourself up to liability?

I know of a case in Grants Pass in which an FFL didn't get a response from NICS after three days, did the transfer, and the guy buying the pistol murdered several of his family members. The FFL was not held criminally liable because he followed the letter of the law, but the surviving family members sued his butt into financial oblivion and he's no longer an FFL.

They can't leagaly sell a firearm to someone that can't pass the background check.

True. Though if there is no determination from NICS in three business days, well, see this from ATF.

 

[bbbass]

A lot of dealers won't give the firearm up to the purchaser after the 3 days due to the hassle of getting the firearm back if the buyer doesn't pass the check.

Local dealers have done me a solid when I was hung up on a BCG for a year, and eventually approved... but only because everybody knows everybody here. I know of no others that would do the same... Idaho, don't even think about it!!!

 

[arakboss]

Another scenario that could result in OSP shutting down processing of background checks is a shelter in place order from Gov. Brown or the feds. They may keep some "essential" Government offices open but not the background check dept. If Gov. Brown is aware that Oregonians could receive firearms with out background checks during a closure of the background check dept, she might be less likely to close it.

 

[arakboss]

Another issue would be the stolen gun check process, is that automated? Would it still be working if a state wide shelter in place order was issued or if Gov. Brown closed the background check dept? I am guessing it would prevent FFL dealers from doing private party transfers if they could not run the stolen gun check process?

 

[strick]

Another scenario that could result in OSP shutting down processing of background checks is a shelter in place order from Gov. Brown or the feds. They may keep some "essential" Government offices open but not the background check dept. If Gov. Brown is aware that Oregonians could receive firearms with out background checks during a closure of the background check dept, she might be less likely to close it.

However, if a "shelter in place" were to happen, if you were to buy a firearm, depending on where from, could set yourself up for legal issues later, it could show you were not following that order.

 

[winterveil]

I've been getting reports from other states that NICS has been down the past few days.

Has anyone here tried buying a firearm rexently?

Just trying to verify whether this is a localized issue or widespread (or just bs) .

 

[Alexx1401]

If Kate pulls something like this I would "hope" almost all gun owners would vote her out. What will most likely happen is a LOT of gun owners will get mad, blame the NRA, say they will NEVER vote for her next opponent as they are not perfect, say they are outnumbered so they do not vote. Then wash, rinse, and repeat.

 

[Nick Burkhardt]

I've been getting reports from other states that NICS has been down the past few days.

Has anyone here tried buying a firearm rexently?

Just trying to verify whether this is a localized issue or widespread (or just bs) .

My friend tried to buy a firearm yesterday and was told that she is number six-hundred and something in line for a OSP background check. "We'll call you with the results tomorrow" they said.

 

[Member 34319]

Well the time has come.

 

[winterveil]

My friend tried to buy a firearm yesterday and was told that she is number six-hundred and something in line for a OSP background check. "We'll call you with the results tomorrow" they said.

Wow, that's crazy. Well, it sounds like NICS is still up at least.
Thanks for the info!

 

[ma96782]

Gun Control without having to vote on the issue.

Aloha, Mark