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OFF ALERT 09/28/06 Q&A WITH OSP |
Questions and Answers on Background Checks.
Oregon Firearms Federation, with a lot of help from Representative
Kim Thatcher, has received some answers to questions we
had about the current background check procedure for firearms
purchases.
As you may know, there has been a dramatic increase in delays
and denials in the last few months.(OSP has informed us
that the FBI is requiring more intrusive background checks searching
for persons with histories of "domestic violence."
However, some believe that this is part of a broad based program
to interfere with legitimate firearms purchases.)
We met with the Oregon State Police and Representative Thatcher
and there the OSP requested that we supply our questions in
writing. We did, and they eventually replied.
We did however, have an additional question to which they have
not replied.
That question was, "where does OSP get the authority to
tell gun buyers they have to wait 10 or more days to complete
a transfer?" We asked them that on Sept 6th 2006 and have
received no response.
(Update. On Nov.
22, 2006, we received a phone call from the Oregon State Police
ID unit, offering to address this question. They informed us
that, in their opinion, they got the authority to tell buyers
they needed to wait for various lengths of time, by ORS 166.412.The
specific section they referred to says the following:
(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.
However, if you read the next line, you will see the following:
(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.
The Oregon State Police do not have a policy of informing gun
dealers that they are, in fact, allowed to make the transfer
without an approval after the specified time. Dealers in states
who contact NICS directly are informed of the Federal Law which
allows transfers to take place without an approval after three
business days.
For a copy of the questions and the answers provided by the
Oregon State Police, please use this link. |
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