Questions and Answers About Background Checks

As you probably know, the incidence of delays for firearms purchases has exploded recently.

After hearing from many gun owners about unexplained delays and denials, OFF investigated. With lots of help from House Rep Kim Thatcher, we met with the State Police to find out what was causing the delays.

The State Police have informed us that they are complying with new mandates from the FBI to try to determine if a gun buyer has any history of “domestic violence.” The varying procedures for recording this information from state to state, and a lack of response from NICS have been given as reasons for the upsurge in delays.

Here you will find their answers to the questions that they requested we provide in writing after our meeting. (In PDF format.) You might be surprised by some of these answers.

Please note, as we have said before, if you are not DENIED, the State Police have NO authority to delay your purchase beyond the time of the close of business of the gun store, following the day the background check was first requested. This is reiterated in the letter we received from the State Police.

ORS 166.412:(You will need to scroll down from this link.)

(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.