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Originally Posted by 2ndsojourn
Salmoneye, I believe if they release the gun and the NICS check comes back denied in the meantime, the FFL is charged with trying to get the gun back. I don't know what the repercussions are for the FFL if they're unsuccessful but maybe one of the FFL's here can answer that.
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This is not NICS, it is the FICS program that Oregon voted in so as to have a Thumprint Record of sales through FFL...It is my understanding that one of the reasons this passed and was signed is that it was 'Instant', and potentially took less time than an NICS check...If the FICS can not give the FFL a direct answer within 30 minutes, the transfer is deemed "Pended"...
It is my understanding that with NICS if the FFL does not 'hear back' within 3 business days, that they are free to transfer the gun...
It sure looks to me like FFL's in Oregon can release the gun after one business day if they do not 'hear back' (But it appears the Federal 3 day wait applies pg. 6 of linked PDF)...If they do 'hear back', the only responses are supposed to be "Approved" or "Denied"...
It seems as though the FFL in this situation is the one not releasing the gun, even though he is allowed to by law...
Pg 6 Linked PDF:
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"Regardless of a FFL dealer’s decision concerning the release requirements, the
FICS Unit must continue to research the issue until a final determination can be
reached. During this process, the FICS Unit may request that the FFL dealer
provide the thumbprints to the FICS Unit for positive identification, as stated in ORS
166.412 (4)(c). If an FFL dealer is unable to send the thumbprints by fax, they will
be required to mail the thumbprints to the FICS Unit. In some instances if the
transaction cannot be completed within the initially estimated time provided, as a
courtesy, the FICS Unit will provide a new estimated date for completion."
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