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AR15.COM
2/13/2007 4:31:43 PM EDT
So what the hell is up with the background check process? I ordered a Saiga-12 from Tromix back in November. Today was the big day, the shotgun is in and I went to pick it up. Ran the background check, and was delayed for 8 days!

Late 2005: buy S&W 9mm handgun, walk out that day
Early 2006: buy WASR10 rifle, walk out that day
Fall 2006: buy Glock handgun, 3 day delay
Jan 2007: CHL arrives in the mail
Jan 2007: buy Bushmaster M4, walk out that day
Today: S12 arrives, *EIGHT* day delay

WTF is going on here? During that time the only run-in I have had with the law was a speeding ticket (a month before the Glock purchase) which I paid. After the 3 day wait with the Glock, I was told I didn’t have to worry about delays anymore, and was even given some sort of OSP approval number for future purchases. Not a drug addict, wife beater, lunatic or anything like that, no restraining orders. Today I get an 8 day delay, wouldn’t accept my previous OSP approval number either. WTF is going on, and any of you who have dealt with delays before, do they usually take the full 8 days?

Man, I don’t *need* it right now, but shit, I’ve been waiting 3 months already!
2/13/2007 4:41:10 PM EDT
[#1]
There is no such thing as an "8 day delay".  

Mark.

edit:  Someone will post the actuall law I'm sure.

2/13/2007 4:42:30 PM EDT
[#2]
actually, my bad. the date they told me was 2/22, which is 9 days...
2/13/2007 4:46:11 PM EDT
[#3]
I belive that the law says they get 3 days to tell you that you have been denied.  After that if they dont have a "denied" they can give you your property.  Of course, this depends on the dealers willingness  to do so.

Mark.

2/13/2007 4:59:34 PM EDT
[#4]
Don't know if you gave it or not but if you give a S.S. #, they have more to play with and sometimes will do so and therefore the extra wait while the dig, dig and dig.  

M-60's 3 day thing is true.

Sorry to hear of your wait.  I"d be bitching as well.  I've never had to wait more than 15 minutes, and that was only once (Force 10).
2/13/2007 5:02:20 PM EDT
[#5]
naw, left out the SS but I never gave it before so I never really thought it would matter. Cant really picture Wes over at Vogarms handing it over after 3 days but hey, ya never know I guess.
2/13/2007 5:18:57 PM EDT
[#6]
You tell Wes That Operator 49 says give you your damn gun!   He'll know who I am.



Mark.


2/13/2007 6:19:00 PM EDT
[#7]
After 3 days without reason you can pick it up.  

I got delayed for 3 days on my AK receiver for some unknown reason a while ago.
2/13/2007 6:34:02 PM EDT
[#8]
height=8
Quoted:
naw, left out the SS but I never gave it before so I never really thought it would matter. Cant really picture Wes over at Vogarms handing it over after 3 days but hey, ya never know I guess.


Good luck with Wes.I dont think i could wait that long! Sounds like we're turning into Kalifornia!
2/13/2007 7:43:12 PM EDT
[#9]
Paying attention to the person when they call it in helps, too. I've caught a couple of SS # and address screw ups that might have caused me a delay.
2/13/2007 7:44:39 PM EDT
[#10]
Hmmm....I just bought a new 1911 last Thursday night, took longer to pick one out than to get the OK. I think it was all of 3 minutes.....
2/13/2007 8:00:52 PM EDT
[#11]
Oregon checks, along with a couple of other states, are done "in house".  Essentially the dealer calls OSP who then do the NICS along with their own backround check.  This is why Oregon charges a fee when the NICS is actually free.  

I know the NICS has a requirement to finish in three working days , but I'm not sure if Oregon recognises this rule or not.

Also, where NICS does not allow records to be kept Oregon is allowed to keep them for five years.  

I've been approved in one minute only to wait a few days the next time around.  I've never heard of a OSP approval number.
2/13/2007 8:42:03 PM EDT
[#12]
ORS 366.412(3)(c):

If the department fails to provide a unique approval number to a gun dealer or to notify the gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close of the gun dealer’s next business day following the request by the dealer for a criminal history record check, the dealer may deliver the handgun to the purchaser.

Don't know why it says handgun instead of firearm.
2/13/2007 10:19:32 PM EDT
[#13]
I think the longest I've ever waited before my dealer started writing down my approval number was about 30 seconds. I give my social every single time I buy. But then again, I've never even had a speeding ticket, and I'm former Army, though I don't know if OSP has that on file.

Watch, now I'm going to get delayed when I go to buy to buy my M1A next month.
2/13/2007 10:20:02 PM EDT
[#14]

Quoted:
naw, left out the SS but I never gave it before so I never really thought it would matter. Cant really picture Wes over at Vogarms handing it over after 3 days but hey, ya never know I guess.


Some scumbag with a name and DOB similar to yours is probably out getting arrested and getting warrants.  

A friend of mine has an alter ego who is a convicted felon down in FL or some place.  Same name, same DOB but different middle initial and different birth year or something like that.

2/13/2007 10:34:03 PM EDT
[#15]
hrm thanks for the replies everyone, I appreciate it. Next time I guess Ill just put my social down, its not like they cant get that info pretty easy anyways. It was just a matter of principle, but I guess in the end its just an extra pain in the ass.
2/14/2007 7:08:26 AM EDT
[#16]
I got delayed once and then it was approved on the 2nd day.

Never happened again though.

It happens...

2/14/2007 9:42:16 AM EDT
[#17]
I'd be interested how Wes handles this....Go back in 3 days and get it. See what he says
2/14/2007 9:43:46 AM EDT
[#18]

Quoted:
ORS 366.412(3)(c):

If the department fails to provide a unique approval number to a gun dealer or to notify the gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close of the gun dealer’s next business day following the request by the dealer for a criminal history record check, the dealer may deliver the handgun to the purchaser.

Don't know why it says handgun instead of firearm.


The catch is the federal overides the state law and says after 3 business days the dealer can, at his discretion, release the firearm to you legally. However most dealers are scared shitless of pissing of the state or fed, that they will not release it.

I have recently told the SP, after having a customers gun delayed, that if I did not hear back from them in 3 days as per federal law, I would release the  firearm. I got calls back in less then 10 minutes both times. Now, the key here is that within those 3 days THEY HAVE TO GIVE A FIRM YES OR NO. Calling back and saying delayed for another x days is nothing more then a scare tactic. If more dealers would let them know at hte time of delay that they will follow federal law na release the gun when legally able, the state police will speed things up.

The bottomline is that like mentioned Oregon along with a few other states handles the BGCs. Its not a bad thing and from what I hear in others states ALLOT faster then states that are handled at a fed level. But in agreeing to do the check, OSP receives fed money to help staff nad maintain the system. Recently they were audited by the fed and found slacking. They were basically threatened with loss of funding and ability to continue to operate if they didnt clean up their act. That has caused most of the recent delays in bgcs. OSP is just digging a little deeper to cover its ass.

My advice, work with the dealer not affraid to tell the OSP and ATF, you will follow the rules, all of them.
2/14/2007 9:49:51 AM EDT
[#19]
Here is the text right from the NCIS webpage....



A NICS DELAY...

When a Federal Firearms Licensee (FFL) receives a delay response from the FBI Criminal Justice Information Services Division's National Instant Criminal Background Check System (NICS) Section, the following instructions will be given to the FFL:


“NTN ___ is delayed while the NICS continues its research. If you do not receive a final response from us, the Brady Act does not prohibit you from transferring the firearm on ___day/date___.”


In open transactions, the FFLs should record on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473 the date on which the firearm may be lawfully transferred under federal law provided in the instructions.

The following table specifies the day on which a firearm may be lawfully transferred under federal law if a final status has not been received from the NICS Section. (State and federal holidays will affect this schedule).



If the FFL has not received a final determination from the NICS Section after three business days have elapsed since the delay response, it is at the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer).

If the FFL transfers the firearm, the FFL must note “no resolution was provided within three business days” on line 19d of the ATF Form 4473. (Refer to pages 24 and 25 of the NICS FFL User Manual).


Note the part in red. I will bet you money that the OSP agent doing the check did not inform your dealer of this....I know because I talked to tjhe OSP regarding this issue at the response was that "We talked to the ATF and we decided it was the FFLs responibility to know the law therefore we did not have to remind them of that!" <---- OSP hard at work keeping guns out of your hands!