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.