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Old February 5, 2013, 10:50 PM   #1
graphic97501
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Background check delay over 30 days now

I have been on a firearm background check DELAY since Jan. 4th, 2013. Oregon State Police said it was flagged by the Feds for a Driving While Suspended in 1979 – Feds said DWS is a Felony. Funny thing is this was a charge and dropped with no court appearance. But as you all know everything on you record never comes off even if dropped, found not guilty.
Oregon State Police is finding the court records and sending them to the Feds showing it was dropped. So you are guilty of everything until you prove otherwise.

32 days on Delay and still waiting.
Oregon State Police are going to bat for me with the Feds.
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Old February 5, 2013, 11:03 PM   #2
tynman
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Well thats good you have the state police are in your conner. Cause my luck they would be on the fed's side even if I had the paper work...LOL
Good luck.
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Old February 5, 2013, 11:21 PM   #3
+1k ammo
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Yes, you should be good after a little paperwork.

I had a misdemeanor a while back and it was mislabeled a Felony to the State Police who immediately revoked my FOID card - Illinois card needed for any ammo or weapons.

I straighted it out, but it seems those State people are just sitting around waiting for you to mess up!
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Old February 6, 2013, 01:57 AM   #4
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Not what the 2nd amendment had in mind.
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Old February 6, 2013, 02:52 PM   #5
Niner4Tango
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graphic, this doesn't make sense.

Federal NICS procedures prevent them from indefinite delays. http://www.fbi.gov/about-us/cjis/nic...s/a-nics-delay

Oregon law allows a transfer after a 3 day wait. Scroll down to paragraph (3) (c): http://www.oregonlaws.org/ors/166.412

Basically, your dealer can legally release your gun to you. There is nothing the OSP needs to do with the Feds.

Have you talked to your dealer?
ETA: is it possible you got a DENIAL from NICS and OSP sees that is incorrect and is trying to straighten that out?

Last edited by Niner4Tango; February 6, 2013 at 04:03 PM.
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Old February 6, 2013, 03:48 PM   #6
TATER
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Did they reject you or delay you??? If delayed, you are thirty days late…Go pick your gun up.
I'm a Navy-Brat born Over Seas, The NICS People claim that it has nothing to do with it But, I almost
Always get delayed…And they never call the FFL back.. The third day I go pick up my gun.
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Old February 6, 2013, 06:11 PM   #7
AH.74
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The NICS info does not say they will IN FACT get back to the dealer in the three day time frame. I have heard of some lengthy delays before.

Some dealers have a policy that states they will not transfer a firearm unless they get the proceed from the NICS. In that case, you either wait or move on.

That being said- I recommend filling out a VAF (voluntary appeals file) once everything gets straightened out- find it on the NICS site linked to above. This will give you a UPIN for future purchases and hopefully eliminate the delay.
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Old February 7, 2013, 11:30 AM   #8
TATER
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My argument with them is that I already have a unique number..SSN#
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Old February 7, 2013, 01:32 PM   #9
hermannr
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The whole reason there should be NO BGC at all. We lived with any "prohibited persons (other than those that were actually incarcerated) for 200 years, why is it so important now.
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Old February 7, 2013, 04:01 PM   #10
AH.74
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Quote:
My argument with them is that I already have a unique number..SSN#
Not the same thing at all.

The UPIN is assigned after a complete investigation is done on what they see- sometimes arrests are reported and disposition is not, for example, or things like you are facing. The VAF process allows them to hold this information in a new permanent file on you as opposed to doing away with the info after 48 hours as required by law for regular NICS checks. This way, they have everything on hand for the next time you want to purchase.
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Old February 8, 2013, 05:02 PM   #11
graphic97501
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Delay date X 2

I called the gun shop and they said my background check was delayed until 2/4/2013 then was updated again until 3/11/2013 that will bring it to 9 weeks of delay.

Today 2/8/2013
Filled out paperwork on 1/4/2013 (came back delayed) till 2/4, then chenged to 3/11. 66 days ???????

Gun shop said they could not let gun go until I have been approved, on 3/11 if not further delayed.

Should be a time limit !

Last edited by graphic97501; February 8, 2013 at 05:29 PM.
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Old February 9, 2013, 11:34 AM   #12
AH.74
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At this point I would get the transaction number and be calling the NICS directly to see what they had to say and could offer as explanation.

This kind of delay time seems excessive and unreasonable.
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Old February 10, 2013, 12:15 AM   #13
graphic97501
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34 year old DWS - 1979 Firearm DELAY

I think it must be hard to find old court cases that are 34 years old (1979)
then local court signs off on it , then send to Portland Oregon State Police to sign off on it, then send to the Feds for them to sign off and send back to Oregon State Police.
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Old February 10, 2013, 04:24 PM   #14
AH.74
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They don't need the case itself- only the disposition. That shouldn't be hard to determine at all- unless their systems are completely screwed up.

Your information is not adding up, and there is probably something else going on that's not being disclosed.
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Old February 11, 2013, 09:03 PM   #15
KyJim
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Records that old are likely archived off-site somewhere, probably in a warehouse similar to the one they stored the Ark in Raiders of the Lost Ark. Could take awhile to get these.

Driving While Suspended a felony?
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Old February 12, 2013, 09:00 PM   #16
graphic97501
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Driving While Suspended a felony?
That what the Feds said, Oregon it is not.
But the point is I was only charged, it was dropped, no court. (still on record) so red flag !! ??

Being 1979 it would be a paper record not in system (computer)

They have not said anything about any other traffic tickets in my life.

It does say any offence that could have over one year in jail could keep you from passing.

My Oregon State Rep called Oregon State Police and they told him what they told me, " Driving While Suspended / I really do not know why so long??

Unless they all have to sign off on the original paper copy.

Last edited by graphic97501; February 13, 2013 at 04:23 PM.
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Old February 13, 2013, 12:51 AM   #17
lefteye
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Their records are . . . . shall we say slightly imperfect. I am a retired government attorney after 36 years of service. Also a Vietnam veteran. Got a couple of speeding tickets in my teens. When I applied for my Carry Permit it was initially denied because the background check said I had a domestic violence conviction in Alaska. Wow! On my way to Vietnam in 1969 our flight stopped in Anchorage. I was off the plane in the airport for several minutes. That was the only time I had ever been in Alaska. I arrived at Long Binh severa hours later. I was single and had been drafted while in law school. It turned out to be a data base error. No data base is perfect. Do criminals fill out 4473 forms? Gun control = law-abiding citizen control.
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Old February 13, 2013, 11:15 AM   #18
shokkazulu
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" Do criminals fill out 4473 forms? Gun control = law-abiding citizen control."

Yes, when I worked in a sporting goods department for a large retail store I had one or two people check yes that they were felons. It wasn't uncommon for people to fill out the 4473 and decide they didn't want a gun right then, they just wanted to see if the could pass the background check.
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Old February 14, 2013, 06:25 PM   #19
graphic97501
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6 weeks now on background delay

6 weeks now 2/15 and still waiting for news on my Delay.

The newest date now is 3/11/2013
First delay 1/4/2013 day i filled out paperwork
second delay 2/4/2013
now 3/11/2013
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Old February 14, 2013, 06:56 PM   #20
AH.74
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Have you gotten the NICS transaction number from the dealer and called the FBI yourself? If not, what are you waiting for?
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Old February 15, 2013, 01:43 AM   #21
graphic97501
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AH.74

NICS transaction number from the dealer and called the FBI yourself?

I can't find a direct phone number for the NICS/FBI, do you have it?
Thanks for your comments!
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Old February 15, 2013, 08:31 AM   #22
AH.74
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Quote:
NICS transaction number from the dealer and called the FBI yourself?

I can't find a direct phone number for the NICS/FBI, do you have it?
Yes, call them directly yourself and see what they say- no middle man. There are options in the phone system for doing this.

As I mentioned earlier, once you get this sorted out I highly recommend filing a
VAF. http://www.fbi.gov/about-us/cjis/nic...plete-process2 Contact info is at the bottom of the page.
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Old February 15, 2013, 03:35 PM   #23
greyeyezz
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If the charge was dropped you were not convicted nor can that be held against you. Something is very fishy here.
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Old February 15, 2013, 04:52 PM   #24
graphic97501
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If the charge was dropped you were not convicted nor can that be held against you. Something is very fishy here.

If you don't know it everyting you are accused of is in your record, guilty or not. Never comes off.
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Old March 6, 2013, 01:10 PM   #25
graphic97501
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Now 2 months and 5 days

I also found out all arrests are RED FLAGS not convictions. (Oregon State)

I found out after calling Oregon State Police that the Feds don't have anything to do with Oregon background checks. Oregon just uses their guidelines and does all the investigations. OSP is still waiting for the court papers on the DWS from 1979, After I said "two months seems like a long time" she said it could take 2 or 3 months. She sounded mad that I had called.

NOW I WILL WORK TO GET OREGON STATE POLICE OUT OF THE FIREARMS BACKGROUND CHECKS (LEAVE IT TO THE FEDS)

I guess my hands are tied and now just have to wait.

Since it is Oregon doing the background and not the Feds I will not be able to pickup the gun 3 days after (approved or denied) is not made. (that works with the Feds not Oregon State.)

All Oregon voters call you State Rep and tell them to get Oregon State Police out of the backgound Check biz. Thanks!
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