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Thread: Delayed from OSP background check.

  1. #1
    Regular Member VW_Factor's Avatar
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    Delayed from OSP background check.

    So my buddy got a "delay" from OSP.

    I remember that Fed Law shows that if there isn't a "no" answer within 3 days time, the FFL can legally transfer the firearm to the owner. What is it that stops FFLs here in Oregon from following the federal law?

    Is there an ORS somewhere that prohibits Oregon FFLs from doing this?
    Quote Originally Posted by Beretta92FSLady
    I am no victim, just a poor college student who looks to the day where the rich have the living piss taxed out of them.

  2. #2
    Regular Member VW_Factor's Avatar
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    Looking more into it.

    166.412

    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 dealerís next business day following the request by the dealer for a criminal history record check, the dealer may deliver the handgun to the purchaser.

    Why don't a majority of the dealers follow these rules? And knowing what this law says, why does the OSP even delay people for a week or more, knowing that the dealer can transfer the weapon anyway?
    Quote Originally Posted by Beretta92FSLady
    I am no victim, just a poor college student who looks to the day where the rich have the living piss taxed out of them.

  3. #3
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    Talking Delay

    I used to be delayed for every purchase I made. I just got used to it and expected to wait. It never really bothered me because I was never denied. However after I went through a major ( I'm talking latex glove here ) background check by FBI to work at a nuclear facility I never had a delay again. Instant approval every time now.

  4. #4
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by VW_Factor View Post
    Looking more into it.

    166.412

    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.

    Why don't a majority of the dealers follow these rules? And knowing what this law says, why does the OSP even delay people for a week or more, knowing that the dealer can transfer the weapon anyway?

    I would suggest that your buddy goes back to the dealer with a copy of the LAW of the state of Oregon and get them to follow the law. Unless it's a really sweet deal or something he can't get somewhere else, it might be a good idea for him to find a dealer that WILL follow the law before he goes back to the first dealer. Then he can say "follow the law or lose the sale to your competition".

    By LAW, if the dealer hasn't gotten a "NO" by end of business today, then they can give him the firearm.
    Last edited by We-the-People; 03-13-2012 at 03:26 PM.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  5. #5
    Regular Member VW_Factor's Avatar
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    Over at NWFA, I had some responses from a dealer.

    The overall of it is, they are afraid of civil lawsuits. Not just that they would not be able to win in court, simply having to defend themselves in court would put them out of business and the risks not worth it.

    Care for the link ?
    Quote Originally Posted by Beretta92FSLady
    I am no victim, just a poor college student who looks to the day where the rich have the living piss taxed out of them.

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    So I have been delayed many times myself and it is annoying.

    But here is the deal the law doesn't say a dealer "has" to sell the gun it says the dealer "may" do it. It is the dealers choice what to do just like it is your choice to continue your purchase with the dealer.

  7. #7
    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by Sethrotull View Post
    So I have been delayed many times myself and it is annoying.

    But here is the deal the law doesn't say a dealer "has" to sell the gun it says the dealer "may" do it. It is the dealers choice what to do just like it is your choice to continue your purchase with the dealer.
    That is exactly what we are discussing.

    Why a dealer would choose not to follow the law.
    Quote Originally Posted by Beretta92FSLady
    I am no victim, just a poor college student who looks to the day where the rich have the living piss taxed out of them.

  8. #8
    Regular Member VW_Factor's Avatar
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    An FFL in Sandy Oregon said this.

    We don't just give them to the individuals because we are the ones who would be out the money if the gun is denied. We would get a used gun back, and rightfully need to refund the money to the person less the $10 background....... But the number one reason i do not give it after the 72 hours the the fed's require is because i would be out of business if I did give the gun over and it was used in a crime like murder the civil lawsuit would put me out of business. Even if i won in court, the lawyer fees would be the end of the store. I can pretty much guarantee most stores would be put out of business from this.
    His experience in reality is that he does see denials and a couple handfuls of delays each month. Out of those delays, another denial could spell civil lawsuit.

    However unlikely it would be to stand up in court because they followed the law, the fear is the resulting (possible) civil suit defense costs would ruin much of what he has worked hard for.
    Quote Originally Posted by Beretta92FSLady
    I am no victim, just a poor college student who looks to the day where the rich have the living piss taxed out of them.

  9. #9
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Quote Originally Posted by VW_Factor View Post
    His experience in reality is that he does see denials and a couple handfuls of delays each month. Out of those delays, another denial could spell civil lawsuit.
    Seems like somebody would have set up a gun store so the store had no assets and the profits were directly paid to the employees, sort of like a non-profit gun store, but without the huge pile of cash sitting around in a bank account. Just pay the employees/owner all the money immediately and sit behind the protection of a corporation/LLC/whatever. That's just my non-lawyery idea.

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    Why would a business owner take the risk? It isn't mandated and there is a possible question about the buyers legality to purchase a weapon. Yes as I said it is a pain to wait but it isn't like things are being heldup for a long time.

    Maybe the owner sometimes gets a bad vibe off someone and wants to make sure they are good to go before transfer.

    I guess I don't see the arguement here.

  11. #11
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    Please note, federal law does allow them to delay you, so it isnt that the dealer has no response, OSP is telling them they are delaying it for further investigation...

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