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Old April 25, 2011, 11:25 PM   #1
Pietro Beretta
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Oregon Background Check Delay

I just attempted to purchase my first firearm since moving to the state of Oregon. Since I am new to this state I am assuming thats what the delay might be about.

Anyway I was attempting to read the Oregon law pertaining to the background check and came across this:

(3)(a) Upon receipt of a request of the gun dealer for a criminal history record check, the department shall immediately, during the gun dealer’s telephone call or by return call:
(A) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under ORS 166.470 from completing the purchase; and
(B) Notify the dealer when a purchaser is disqualified from completing the transfer or provide the dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.
(b) If the department is unable to determine if the purchaser is qualified or disqualified from completing the transfer within 30 minutes, the department shall notify the dealer and provide the dealer with an estimate of the time when the department will provide the requested information.
(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

There is no reason at all to deny me, period. I have a clean record in every meaning of the word Clean...

I guess my question is how long can a delay last, and if for some reason they don't call the dealer whom I purchased the firearm from, can the dealer transfer it to me if they dont respond?

What does an Oregonian do in this situation?
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Last edited by Pietro Beretta; April 26, 2011 at 01:17 PM.
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Old April 26, 2011, 12:29 AM   #2
Geezerbiker
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If they don't respond in 3 days, it's an auto approve. Odds are your address isn't adding up or something. If they're no reason to deny you, you will be approved.

BTW, there's a bill in the state legislature to dump the state instant background check in favor of the federal system. Call your local state rep...

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Old April 26, 2011, 02:10 PM   #3
Pietro Beretta
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:barf: I just called up the gun store that I purchased the gun from and the person on the phone was very apprehensive about delivering the gun without approval.

I suppose I can understand why, although if I was a criminal why would I be purchasing a gun at a gun store and not through a private sale?

In the end she said if they didn't hear back anything by end of day Thursday then I could pick it up Friday. She warned me if the background does come back denied and I already picked up the firearm the state police will be at my house to retrieve the firearm.

5 day waiting period, better than California
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Last edited by Pietro Beretta; April 26, 2011 at 05:02 PM. Reason: Spelling
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Old April 26, 2011, 06:58 PM   #4
Eghad
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Here in Texas it takes about 5 mins tops to do the call. If you already have a valid CCW permit you don't need the background check. I think in Texas they use the FBI's NCIS background check.

I am betting that oregon state police do the background checks for thier state. Plus you said you just moved to Oregon which would show you have no records there which means that they probably need to check with your last state of residence. The states must comply with federal standards.
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Old April 26, 2011, 09:17 PM   #5
chasep255
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Quote:
If you already have a valid CCW permit you don't need the background check.
Is this an exemption under federal law or state law?
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