Pretty simple, I walked into a gun store today to take possession of a gun. I have paid for it, and paid the transfer and background check fees (Oregon).
The electronic application for the "instant" criminal check is submitted. And this is where I am told that I will have to wait a couple weeks as the OSP is "backlogged" by over 3,500 applications.
I have not been denied or delayed, my background check simply has not been initiated yet and apparently will not be initiated for some time.
This clearly violates Oregon law which stipulates that the OSP has to respond immediately and provide a determination within 30 minutes. If they do not the firearm is to be released 3 business days following.
The gun store is refusing to actually follow the state law for release after three days (I asked, and they told me to pound sand) due to "liability," aka OSP or the ATF will shut them down if they don't play along with the obstruction.
I've already left messages (and yeah, I don't expect responses from most of em) with OSP, the OSP FISC unit manager, my state senator and congresswoman, the OFF, and Steven Stamboulieh. OFF already responded and the news from them is pretty grim; BLUF we have zero friends in any positions of power and it seems that the OSP is dragging their feet in the interest of some upcoming legislation.
https://oregon.public.law/statutes/ors_166.412(3)(a) Upon receipt of a request of the gun dealer for a criminal history record check, the department shall immediately, during the gun dealer’s telephone call or by return call:
(A)Determine, from criminal records and other information available to it, whether the purchaser is disqualified under ORS 166.470 (Limitations and conditions for sales of firearms) from completing the purchase; and
(B)Notify the gun dealer when a purchaser is disqualified from completing the transfer or provide the gun dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.
(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 gun dealer and provide the gun dealer with an estimate of the time when the department will provide the requested information.
(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 gun dealer for a criminal history record check, the gun dealer may deliver the firearm to the purchaser.