Interesting wrinkle in Oregon law

[lihpster]

So, yesterday I went out gun shopping. After much travelling and dealing with shady characters and traffic, for half a day, I found something to buy at my "honey hole". Paid my money, filled out all the forms and the guy tells me that I am "in the queue" for a background check. Says I'm number 3958 or something. Tells me that at the rate they are processing the BG check requests, it will take about 2 weeks. What can I do? It's the law, right? Well, not so fast. Oregon law states that if the Oregon State Police don't give a report to the FFL by the close of business the day after the request was made, the FFL has sole discretion over whether to release the gun to the buyer. So, technically, if I was to go to the store tomorrow, if they hadn't gotten the report, I could ask them to release the gun to me. However, I'm pretty sure trying to tell them that they don't know the law would not go over well. I want to keep doing business with these folks, so I guess I'll just wait. The weird thing is, I have purchased about a dozen firearms this year and all my checks came back in minutes. As they are supposed to. Had one go through in minutes just 3 days prior. Apparently in those 3 days I became a shady character. Wonder what I did?

 

[SS336]

Probably bought to many guns and they would like to stop by for a look see. JUST KIDDING.
Earlier this year, January, the queue was even more than that. I don't know about that stipulation in the state law. Maybe the gun shop would go along, but I doubt it.
With a concealed carry permit there isn't any wait. Almost immediately.
Then again I haven't bought that many guns this year.

 

[arjay]

I wouldnt be surprised if there's a number of bg checks for a retail buyer in a certain period of time that does trigger a closer look

 

[Muss Muggins]

I'd show up, demand they follow the law, get my money back if they didn't, and find a new LGS. But that's just me . . .

So, yesterday I went out gun shopping. After much travelling and dealing with shady characters and traffic, for half a day, I found something to buy at my "honey hole". Paid my money, filled out all the forms and the guy tells me that I am "in the queue" for a background check. Says I'm number 3958 or something. Tells me that at the rate they are processing the BG check requests, it will take about 2 weeks. What can I do? It's the law, right? Well, not so fast. Oregon law states that if the Oregon State Police don't give a report to the FFL by the close of business the day after the request was made, the FFL has sole discretion over whether to release the gun to the buyer. So, technically, if I was to go to the store tomorrow, if they hadn't gotten the report, I could ask them to release the gun to me. However, I'm pretty sure trying to tell them that they don't know the law would not go over well. I want to keep doing business with these folks, so I guess I'll just wait. The weird thing is, I have purchased about a dozen firearms this year and all my checks came back in minutes. As they are supposed to. Had one go through in minutes just 3 days prior. Apparently in those 3 days I became a shady character. Wonder what I did?

 

[lihpster]

I would agree with the multiple gun buys being the reason if I was "delayed". But I was not delayed, they simply won't do the check until it comes up in the queue. My question is why am I in the queue in the first place? I wonder what the reasoning is behind putting some transactions in the queue and not others? I'm wondering if the shop made a mistake entering the info or maybe he didn't enter my SSN that I always provide on the 4473.
Also, I wonder about a what the fallout would be if the OSP didn't get the report out, the dealer released the gun, and it was used in a mass shooting? Now as far as I read the laws, the dealer wouldn't be liable. Would the State? Could someone sue the State for wrongful death because they didn't get the BG check done in a timely manner? And what if the dealer releases the gun and then the report comes back denied? This could get very confusing and weird. I'll wait, as I don't feel the need to test the existing laws or try to create new ones. But it is frustrating. I don't know who said it, but "a right delayed is a right denied".

 

[SS336]

In all seriousness the reason your in the cue is they have 3958 people ahead of you.
Due to "COVID" or some other excuse like under staffed. Here the instant background check sometimes isn't instant.
Like I said earlier last year and early this year the wait was even longer.
In normal times there isn't enough checks to overwhelm the system. In the interesting times we live in now there is.
The only way around it a concealed carry permit. With one you are put at the head of the queue. And the wait will not be more than 15min.
As far as demanding that they give you your purchase, well….you can try that, I guess. Good luck

 

[lihpster]

In all seriousness the reason your in the cue is they have 3958 people ahead of you.
Due to "COVID" or some other excuse like under staffed. Here the instant background check sometimes isn't instant.
Like I said earlier last year and early this year the wait was even longer.
In normal times there isn't enough checks to overwhelm the system. In the interesting times we live in now there is.
The only way around it a concealed carry permit. With one you are put at the head of the queue. And the wait will not be more than 15min.
As far as demanding that they give you your purchase, well….you can try that, I guess. Good luck

But 3 days before I got instant approval. No queue. So 3500 people got on the list in 3 days? There have been long queues all year. But like I said, this is the first time I have had to wait. I'm leaning to mis-entered info or missing info. Or a change in how the BGCs are done. In any case, since I haven't had so much as a speeding ticket, EVER, I would think it would be a speedy process. But we all know what you get for thinking.

 

[hittman77]

I'd show up, demand they follow the law, get my money back if they didn't, and find a new LGS. But that's just me . . .

That would probably work great in MO but remember, he's in Oregon. Some here in IL complain about the same thing as the OP.

However, I've never had a problem with a delay. Just a couple of weeks ago I bought multiple new guns at a local FFL and my approval come through literally seconds after he pressed "send". The FFL even commented on how "instant" the answer was.

Maybe I've just been lucky. Maybe it's because I also have an 03 FFL or maybe it's because I don't have a common name.

 

[SS336]

When they enter your request it could, by the luck of the draw, it could go in near the top. I really don't think there is any logical rhyme of reason to it.
I feel your pain. It really is a pain in the posterior at times. This state really does not care if you get your revolver or not. I doubt if it will change.

 

[Muss Muggins]

Duly noted. . . .

That would probably work great in MO but remember, he's in Oregon. Some here in IL complain about the same thing as the OP.

However, I've never had a problem with a delay. Just a couple of weeks ago I bought multiple new guns at a local FFL and my approval come through literally seconds after he pressed "send". The FFL even commented on how "instant" the answer was.

Maybe I've just been lucky. Maybe it's because I also have an 03 FFL or maybe it's because I don't have a common name.

 

[Greyman50]

When I lived in Ga. never had to wait as had CCW, here in Fl. wait maybe 1-3 minutes. Last purchase the LGS guy said, wow that was fast, and I do not give my SSN.

 

[Muss Muggins]

Well, it's attached to your CCP, so there's that . . .

When I lived in Ga. never had to wait as had CCW, here in Fl. wait maybe 1-3 minutes. Last purchase the LGS guy said, wow that was fast, and I do not give my SSN.

 

[outta_ammo]

I bought about a week ago. The LGS input my CHL and boom, done. Did one today at the pawn shop with my C&R, but that's a different kettle...

 

[Onomea]

We were discussing this a few months back and a fellow Oregonian expressed the view that a CHL did nothing to speed things up.

I have't been here that long and to date have only two transfers, one for multiple guns I was moving (unaccompanied) in state from Hawaii, and the other a new purchase.

I have a CHL. Both transfers were instantaneous.

Have a couple more coming up in a week or two. Will report back if I recall.

 

[S&W Fan]

Up until a couple months ago this is what life in Colorado was like. Our "instant check" was backed up for days/weeks. Don't think there was a dealer in the area willing to take on the liability of releasing a firearm after the 3 day limit in our law.
Also unfortunately here it doesn't matter if one has a carry permit or not either.

The last one I submitted cleared in about 10 minutes in early September.
Good luck to you.

 

[pharmer]

I bought a handgun last Wednesday at the local Academy store. Nice staff, smooth transaction. Except the BGC took an hour and a half. This happened only once before, a week before the '16 election and I was buying several AR lowers. Spotless record, CWP since May of '88, very uncommon name. No matter, we "little people" take a number and sit. Always been that way, always will be that way. No matter where you are. Joe

 

[michael1000]

So, what is going to happen to gun shows? I have concealed carry, and I never waited more than 5 minutes, and the gun store guy I buy from is from the same small town, so I usually don't pay for the 4473, a $10 savings there.
Go Iowa!!!

 

[BB57]

I think it was last Tuesday that I bought a Winchester Model 52A in SD and as an NC state resident my NC concealed carry permit obviously didn't get me a pass on the NICS check like it does in NC. The store said give it maybe 20 minutes for the check. But it took less than 5 minutes to get a proceed.

A week earlier I bought a Winchester Legendary Frontiersmen (my second one) at a pawn shop in SD and the NICS check went through in about a minute.

I know the NICS system can get stopped up during high volume days, and take a couple hours, but I suspect longer delays are state related and involve "delay" situations where information is requested from a local jurisdiction.

 

[Pete99004]

I finally got tired of Washington state issues similar to this one you are experiencing in the beautiful state of Oregon. I packed up and moved. Perhaps you might want to consider this option. Oregon isn't going to get any more gun friendly than it already is. Just an option to consider.

Pete99004

 

[SupportTheSecond]

Thank God I'm in Arizona with a CCW. It's hard to believe that they could be that backed up. My home based FFL guy here even has you do the 4473 on your smart phone before you even come in.

Walk in, pay you money and go home with your purchase.