How Long Are Oregon Gun Background Checks Taking Right Now?
If you’re looking to purchase a gun in Oregon, you’ll need to complete a background check. With recent changes to the process, you may be wondering how long are Oregon gun background checks taking right now? The answer is that it depends.
In this post, we’ll cover how long background checks are taking as well as reasons for delays. Whether you purchase from a private seller or a licensed firearms dealer, it’s important to understand the process.
How Long Are Oregon Gun Background Checks Taking Right Now?
According to Oregon law, everyone must pass a background check before they can purchase a gun. This includes from private sellers, licensed firearms dealers, and gun shows. Oregon State Police run background checks through the Firearms Instant Check System (FICS). A loophole used to allow people to purchase the gun if the check took longer than 3 days, but new legislation (Ballot Measure 114) closed that loophole.
So how long are Oregon gun background checks taking right now? The answer depends. With an unprecedented number of people purchasing guns, there have been some major delays. And without the loophole, you’ll have to wait for your background check to be processed before you can take possession of the gun, which could be weeks or months.
How Long Do They Usually Take?
In general, Oregon gun background checks usually take around 30 minutes. Oregon State Police running the check are supposed to immediately decide whether the purchaser is qualified or disqualified. However, if it will take more than 30 minutes to determine the buyer’s eligibility, OSP must notify the dealer and place the buyer in a Pended/Delayed status until they can gather enough information. OSP will give an estimated timeframe for completing the background check if the buyer is placed in a delayed status.
Are They Being Delayed?
Ballot Measure 114 closed the loophole that allowed people to take possession of a gun if their background check took more than 3 days. Although the measure faced some legal challenges, an Oregon appeals court ultimately ruled that the measure was constitutional. This has led to a major backlog of gun background checks.
Possible Reasons for Delay
Some of the reasons for background check delays include:
Staffing levels: When the OSP FICS unit is short-staffed, this leads to delays in background check processing.
Workload: When OSP has more background checks requests, it takes longer for them to get through all of their workload.
Accuracy/completeness: When the applicant provides incomplete or inaccurate information, they may be placed on a Pended/Delayed status until the OSP can verify the correct information.
Mental health or criminal history: Applicants with a history of mental health issues or criminal record take longer to process. OSP has to take its time to determine their eligibility by seeking records from courts, mental health facilities, and others.
Reasons You Can Be Rejected After A Background Check
There are a number of reasons you might be rejected after a background check, including:
Conviction (felony or misdemeanor) with a sentence of 1 year or more.
Misdemeanor conviction related to domestic violence.
Felony pre-trial release.
Restraining, protective, or stalking order.
Mental health adjudication or commitment.
Unlawful use or addiction to a controlled substance.
Dishonorable discharge from the armed forces.
Renounced U.S. citizenship.
Illegal alien.
Conviction of a violent misdemeanor in the last 4 years.
Probation with limitations of possessing a firearm.
What to Do If You’re Denied a Gun after a Background Check
If you are denied a gun after failing a background check, you can appeal the decision. First, you’ll want to make sure you know why you were denied. In many cases, denials happen because of record mismatches or outdated/incomplete criminal history. This happens more frequently when dealing with out-of-state records.
Request your NICS Transaction Number (NTN) and record from the FBI so you can understand why you were denied. From there, you can submit a written appeal, with your NTN and supporting documentation, to FICS via email or mail.
The process can take several weeks or months. You may want to speak with a lawyer who is experienced in federal and Oregon firearms law if the case is complex or your appeal is denied.
Conclusion
So, how long are Oregon gun background checks taking right now? Because of new laws, staff shortages, and higher workload, they can take anywhere from 30 minutes to months to complete. If you’re put on a Pended/Delayed status, your best bet is to wait it out. However, if you’re denied a gun after a background check, you can appeal that decision.
If you’re looking to appeal a denial or have your gun rights restored, you can count on Powell Law. We’ll help you navigate the legal process to ensure your Second Amendment rights are protected. Contact us today for a consultation!
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
