5/30/2023 0 Comments Smart search oregonPreviously, Oregon’s background check law had a major gap that allowed dealers (under state law) to deliver the firearm to the purchaser before the purchaser passed the background check if DSP had not completed the background check before the close of the next business day following the dealer’s background check request. 3 If DSP is unable to determine, within 30 minutes, whether the purchaser is qualified or disqualified from completing the transfer, DSP shall notify the dealer and provide the dealer with an estimate of the time when DSP will provide the requested information. 2 For this purpose, the dealer must check the purchaser’s identification, complete a firearms transaction record, and obtain the purchaser’s signature and thumbprints. 1 Before the sale or transfer of any firearm, a firearms dealer must request by telephone that the Oregon Department of State Police (DSP) conduct a criminal history record check on an applicant using NICS and state databases (including the state’s mental health data system). Oregon is a point of contact state for the NICS. (Note that state files are not always included in the federal database.) Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the National Instant Criminal Background Check System (“NICS”) database. Federal law requires federally licensed firearms dealers (but not unlicensed sellers) to initiate a background check on the purchaser prior to sale of a firearm.
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