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DELAYED OR DENIED FOR A FIREARM'S PURCHASE? |
Unjustified
delays and denials have become an epidemic problem in Oregon.
If we had a dollar for every time we were contacted with a question
or complaint about this, we could shut down and retire in Estacada.
In many states, when a dealer runs a background check prior
to a firearm sale, he contacts the National Instant Check System
run by the FBI. The cost is... zero. At least in theory, no
information about the gun is recorded.
In Oregon, the State Police run the checks themselves (by contacting
the FBI.) The cost is $10.00. (The State Police have made attempts
to jack this cost up, and no doubt will again.)
In addition to your personal information, the police record
the make, model and serial number of the gun.
If you are delayed or denied, you don't get a refund.
For the last few years, the State Police have vastly expanded
their delays and denials, and they say it's because the FBI
told them they were not complying with the Brady Bill and doing
sufficiently intrusive background checks.
As a result, countless people are denied gun purchased because
the background check system is so flawed, and because some states
refuse to reply to questions about a person's background in
a timely fashion. Rest assured, this problem will get MUCH worse
now that the NRA and
the Brady Campaign to Ban Guns have succeed in expanding
this flawed system.
The law does not require the State Police to issue an approval
within any particular time frame. If they say "wait"
they can take as long as they want to issue an approval or denial.
However, and this is very important, they
cannot delay the transfer of the gun more than three business
days.
That
means that after three days, even without an approval, as long
as there has been no DENIAL, you may take possession of the
firearm.
There is one small problem. Many dealers are not aware that
this is the law. And, for the few who ask, most believe the
State Police, when they inaccurately tell the dealers that they
can't transfer and if they do, they are liable. This is totally
untrue. But the State Police continue to do it.
We often hear of people being told they have to wait a month
or more to get their guns. This is bogus, but dealers are so
often ignorant or intimidated they will not make the transfers.
Dealers are not informed why a person is delayed or denied and
when the buyer tries to get that information from the police
they often get a run around or are given phone numbers with
answering machines and never receive a call back.
To request information about a delay or denial call Melanie
at 503-373-1808 ext 408. We cannot guarantee you will get an
answer. If you want more information on challenging a denial,
down load this
letter from the Oregon State Police. Attached at the end
is an explanation of how you can challenge a denial.
What are you options? Frankly you only have two. (Well three
if you include burning your NRA membership card.)
1) Before you attempt a firearm's purchase, ask the dealer if
he knows the law and would be willing to transfer without an
approval after three days. Feel free to bring him a copy of
the law.
If he is not, and you can, find another dealer. (If you are
a dealer who knows and follows the law, or you know of one,
let us know and we'll do free advertising.)
2) Contact your state reps and scream bloody murder. The State
Police may not be able to get California to answer their questions,
but under no circumstances should they be misinforming dealers
and buyers. In states where the background check is done directly
by the Feds, dealers are informed that they MAY transfer after
3 days. In Oregon, dealers and buyers are being told they cannot.
This is false and has to stop.
If you don't know who your reps are, use this link
to find out. Your state Senator and state House Rep will be
the last two people listed. Call them, e-mail them, camp out
on their doorsteps.
The "instant" background check has always been a fraud.
It's going to get worse. It's up to you to do something.
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Copyright
© 2000 - 2008, Oregon Firearms Federation. All Rights Reserved.
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