When do you buy a firearm?

[MikeInOr]

I placed my order with Sportsman's warehouse on Nov 10th and paid for the firearms I purchased.

My order is supposed to be arriving the store tomorrow Nov 19th.

If I go to fill out the background check paperwork on Nov 20th and it takes a month to clear....

When did I buy the guns? On November 10th? On November 20th when they came in and I filled out the background check paperwork? Or on December 20th when my background check clears? Or December 26th when I am able to get to the store to pick them up?

I say I bought them on Nov 10th. Worst case I believe I bought them on Nov 20th when I filled out the background check paperwork.

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[Koda]

my guess is I would think as long as your BGC is submitted by Dec 7th your good regardless of how long it takes to get it back. Im also guessing the new law only applies to transfers and not the actual sale itself....

 

[PORSCHE928S4]

Isn't it even if you are in the "Q" when the clocks Dec 8th no permit no gun ?

 

[Koda]

Isn't it even if you are in the "Q" when the clocks Dec 8th no permit no gun ?
View attachment 1314952

its possible....
Im just guessing above since the sale and the BGC submission happened before the 8th. Keep in mind under current law (ending on the 8th) OSP has 3 days to complete the check or the FFL has the -option- to transfer the gun.
So maybe as long as your BGC is submitted before Dec 5th -AND- you have a cool FFL you get the gun.

 

[PORSCHE928S4]

its possible....
Im just guessing above since the sale and the BGC submission happened before the 8th. Keep in mind under current law (ending on the 8th) OSP has 3 days to complete the check or the FFL has the -option- to transfer the gun.
So maybe as long as your BGC is submitted before Dec 5th -AND- you have a cool FFL you get the gun.

If the FFL was cool wouldn't he give you the firearm after it took three days to clear ?

 

[MikeInOr]

I just got through perusing the measure: https://sos.oregon.gov/admin/Documents/irr/2022/017text.pdf

From what I can see it doesn't say. So I assume it is going to be left up to the committee incharge of implementing this law to answer that question. With the exception on some sheriff's departments and some law enforcement on the committee I doubt anyone else on the committee would be able to pass the load and fire portion of the requirements to get a permit. Reading through the measure and the huge list of amendments I am pretty sure the author knew absolutely nothing about fire arms.

 

[PORSCHE928S4]

its possible....
Im just guessing above since the sale and the BGC submission happened before the 8th. Keep in mind under current law (ending on the 8th) OSP has 3 days to complete the check or the FFL has the -option- to transfer the gun.
So maybe as long as your BGC is submitted before Dec 5th -AND- you have a cool FFL you get the gun.

I do hope it works for you the whole thing is a fecal bonanza !

 

[PORSCHE928S4]

I like guns ! I have guns ! I see new guns that I want ! This crap is putting a damper on things !

 

[Koda]

If the FFL was cool wouldn't he give you the firearm after it took three days to clear ?

After 3 days (current law) its up to the FFL's discretion.
Ive never been denied, but Ive heard some FFLs wont transfer anyways due to perceived legal liability.

 

[PORSCHE928S4]

After 3 days (current law) its up to the FFL's discretion.
Ive never been denied, but Ive heard some FFLs wont transfer anyways due to perceived legal liability.

Most will be going under anyway no sales/transfers for at least a few months ! I.m sure there will be state run gun shops lol so they can put more fingers in the pie !

 

[ZA_Survivalist]

If the FFL was cool wouldn't he give you the firearm after it took three days to clear ?

Nope. Almost none will risk their license.
Maybe kitchen table FFL's but most wait for approval.. the whole banning the BGC loophole was a main talking point for 114 before it was on the ballot.

 

[PORSCHE928S4]

Nope. Almost none will risk their license.
Maybe kitchen table FFL's but most wait for approval.. the whole banning the BGC loophole was a main talking point for 114 before it was on the ballot.

There was a loophole lol ?

 

[ZA_Survivalist]

There was a loophole lol ?

Yeah, they called the 3 day approval thing a loophole.. they wanted to take action against it and change the wording of the law so FFLs couldnt release before approval. This was primarily a ploy because the antis know full well they can throttle OSP's BGC system.. and in doing so FFL's "could" release but Ive never seen any do it.

 

[PORSCHE928S4]

Yeah, they called the 3 day approval thing a loophole.. they wanted to take action against it and change the wording of the law so FFLs couldnt release before approval. This was primarily a ploy because the antis know full well they can throttle OSP's BGC system.. and in doing so FFL's "could" release but Ive never seen any do it.

Me neither !

 

[Pepe-lepew]

You already bought it.

When it is transferred to you is very important. Transfer is the change in possession. On the 4473 form the transfer takes place when you are given the firearm. Look at the page where you have to sign when the transfer takes place if it occurs on a different day the form was initially filled out. This will be a problem for everyone waiting on a transfer after measure 114 takes effect.

 

[Uberdillo]

Don't make this overly complicated. You bought the gun on whatever day you paid for the gun, looks like the 10th, hopefully that's what your receipt or order confirmation says. If you want to take possession of the gun and have it transferred to you after Dec 8th, we're all waiting to hear. As of now, the newly enacted law says you'll need a permit.

 

[Nick Burkhardt]

According to the Oregon Secretary of State, Measure 114 will go into effect at 12:00 AM on December 8, 2022.
On that date, firearm sales by dealers, at gun shows, and private transfers (other than close relative transfers) will stop in Oregon. If you purchase a firearm before December 8, it must be in your possession before the measure takes effect. The purchase is not finalized if the firearm is not in your possession.