Ok in California but not Oregon
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Old 03-14-2013, 10:19 PM   #1
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Default Ok in California but not Oregon

Let's make this brief and to the point. I was arrested back in 1975 and charged with a misdemeanor(trespassing), did my probation of 6 weekends of community service and the records were sealed.

20 years later I bought a handgun and got my CCL in California with no problems at all. I moved to Oregon 11 years ago and have applied for a CHL and still waiting 10 months later for it. In the last month, I bought a handgun and a rifle online and when they came into my FFL dealer, I was immediately put on a 1 1/2 month delay. So now I have $2500 worth of guns sitting there that I can't touch.

My question is why is this happening? I thought California laws were more stringent than Oregon . Oh, just in case you ask, I have not had any incidents with the law at all since 1975 and my name is not a common one.

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Old 03-14-2013, 10:48 PM   #2
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Welcome to our Forum. May I suggest that next time you login, stop by our "Introductions" area and say "Hi".

I do not know the laws of your state, and seeing that my BAR exam expired, I cannot give any legal advice (free or other).

I can suggest that you review your state statutes. A 45 day delay does seem a little excessive.

Here is a link to your state statutes: http://www.gunlaws.com/links/linksor.htm

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Old 03-14-2013, 10:56 PM   #3
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Also, in some states there are laws that say they must issue your permit or inform you why it was denied within a specified amount of time. If Oregon is one of them, you may have a legitimate beef...

Good luck...

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Old 03-14-2013, 10:59 PM   #4
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You may want to print this:
http://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet

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Old 03-14-2013, 11:06 PM   #5
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Thanks for the response, I'll do some reading. I have been told and have read that Oregon is a "Shall Have" state. I also have read that if the FFL does a check and they do not get back within 3 days that the dealer can hand over the firearm. Thing is that no dealers will do that here.

Oh, where is the Introductions section, I can't seem to find it?

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Old 03-14-2013, 11:58 PM   #6
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Introductions: http://www.firearmstalk.com/forums/f2/

Please print and read that FBI fact sheet and high light areas. Your answer (from the federal side) may be in there.

"The NICS Examiner will provide the FFL with the date of the third business day after the firearm check was initiated. Business days do not include the day the check was initiated, Saturdays, Sundays, and any day state offices in the state of purchase are closed. If the FFL has not received from the NICS a final determination after three business days have elapsed since the delay response, it is within the FFL’s discretion whether or not to transfer the firearm (if state law permits the transfer). If the FFL transfers the firearm, the FFL must mark “No resolution was provided within three business days” on line 21d of the ATF Form 4473. It is recommended the FFL record the date provided in the delay response on which the firearm may be lawfully transferred under federal law if a final determination of proceed or denied is not received from the NICS."

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Old 03-15-2013, 12:10 AM   #7
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Yes, I have read that and it does pertain to Oregon. The fact is that the FFL's are intimidated by the State Police who do the background check from what I hear and are afraid there will be repercussions even though the law says they(FFL) are not liable after the 3 days and hand over the firearm.

My main concern is getting rid of or expunging this sealed record so I never have to worry about it again, or at least know I have nothing to worry about.

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Old 03-15-2013, 12:13 AM   #8
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The Oregon State Police can assist you with that.

Be straight up with them and explain the deal. They can be of great assistance.

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Old 03-15-2013, 12:21 AM   #9
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I have tried contacting them multiple times for about 3 weeks now and have not had a return call as of yet. Maybe they are really busy but I'll keep trying.

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Old 03-15-2013, 02:18 AM   #10
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Thumb- water wears away rock by persistence. It is likely that there is something screwed up in your records. Could be as simple of someone checked (or did NOT check) the correct box, and your record is showing as "not clear". You want to get that straight. Be persistent. Try writing, send by mail, return receipt requested. If you cannot get a call or letter returned, contact your STATE senator or congressman for help.

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