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OFF ALERT 8/1/06
STILL MORE ON BACKGROUND CHECKS

As you know from previous alerts, the Oregon State Police have intensified background checks for firearms purchases
.
As a result, we have heard from many gun owners who have had firearms purchases delayed for lengthy periods of time while the police sought more information about potential instances of "domestic violence" in their pasts.

As we told you previously, the State Police have stated that these more extensive background checks were mandated by the FBI. House Representative Kim Thatcher, one of Oregon's most committed supporters of gun rights, requested more information from the State Police. You can download a copy of their response here.

The letter includes the following statement:

"However in late 2004 during a training session of the National Instant Check System (NICS) conducted by FBI, NICS representatives noted that the Oregon Firearms Instant Check System (FICS) check did not include the appropriate research into misdemeanor crimes of domestic violence when there is no indicator regarding domestic involvement."

Note that we are only aware of problems starting more recently than late 2004. It is also interesting to note the following sentences from the letter:

"In these instances, it is not possible for the background check to be 'instant' and still ensure the purchaser can lawfully take possession of the firearm. As referenced in 166.412(c), the dealer may release the firearm to the purchaser after the specified period."

As we have pointed out in the past, if the State Police do not give an approval or denial "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."

We hope this information will be useful to gun owners who are experiencing trouble making legal purchases, and we thank Representative Thatcher for her interest and involvement in issues of importance to gun owners.