Cabelas Gun Purchase SNAFU

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TerryMiller

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This. I've ordered more background checks than I care to count (for professional reasons), and if I do it by fax, I can usually get it back inside of an hour. Quicker, if I go up to OSBI HQ and request it in person, but the drive time usually eats the difference.


Not even all state records, just courts of record (state district courts and above), and until just recently, not even all counties (in fact, until recently, considerably fewer than half). And OSCN states very clearly, at the top of every case record, that
The information on this page is NOT an official record. Do not rely on the correctness or completeness of this information. Verify all information with the official record keeper. The information contained in this report is provided in compliance with the Oklahoma Open Records Act, 51 O.S. 24A.1. Use of this information is governed by this act, as well as other applicable state and federal laws.​

Not to mention that anybody with a basic working knowledge of HTML could trivially whip up a page that looks like a results page from OSCN, but has been edited to remove entries.

Get the OSBI background check if you need one.

Actually, the OSBI's records are also only including state information of criminal filings and criminal court dispositions. The information on the records are those that are submitted by the district attorneys with regards to filed charges and district (think county) courts. The records do include some cases for municipalities, but all of those would be misdemeanors and not be a major factor so long as they don't include assault charges. The big difference between the OSCN records and OSBI records is that the OSBI records do include charges filed and disposed in all counties in Oklahoma.
 

Dave70968

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Actually, the OSBI's records are also only including state information of criminal filings and criminal court dispositions. The information on the records are those that are submitted by the district attorneys with regards to filed charges and district (think county) courts. The records do include some cases for municipalities, but all of those would be misdemeanors and not be a major factor so long as they don't include assault charges. The big difference between the OSCN records and OSBI records is that the OSBI records do include charges filed and disposed in all counties in Oklahoma.
I can say for certain that, at least now, OSBI records will return arrest records even when no charges are filed. I know this because I'm in personal, physical possession of just such a report right now. This was a traffic stop that resulted in an arrest, referred to the DA, and no charges were ever filed (and it occurred better than ten years ago). More, I cannot say (client confidentiality), but the record definitely never went to filing, let alone court disposition. I have seen other such reports in my professional capacity as well.
 

TerryMiller

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I can say for certain that, at least now, OSBI records will return arrest records even when no charges are filed. I know this because I'm in personal, physical possession of just such a report right now. This was a traffic stop that resulted in an arrest, referred to the DA, and no charges were ever filed (and it occurred better than ten years ago). More, I cannot say (client confidentiality), but the record definitely never went to filing, let alone court disposition. I have seen other such reports in my professional capacity as well.

You are correct, Sir. I left out that a criminal record at the OSBI is created with the receipt of fingerprints from an arrest. Each arrest "record" is created, based on the information that comes with the fingerprint card or electronic means of creating an arrest. If no action is taken by the DA or the courts, all that ever shows is the arrest itself. Later, if charges are filed, then the OSBI enters that data into the record.

I might also add that the OSBI's standards require good fingerprints to create an arrest record. If an individual doesn't "produce" good fingerprints, then that arrest is not entered into the individual's record until better prints or data is received. Individuals arrested for DUI can sometimes be unable to hold still long enough for a jailer to get prints that aren't smudged.
 
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[QUOTE="

As for the sheriff saying that the store should look up your background on OSBI, the simple answer is they can't. I find it hard to believe that the sheriff actually thinks that OSBI would allow its database to be accessed by an outside, private concern. In my quick research of obtaining background checks from the OSBI, the request must be in writing; submitted either in person, by fax, or by mail, with the results being returned in the manner submitted. There is also a mandatory $15 charge for any records check. The sheriff is an idiot if he thinks that the store--any store--would eat an expense like that to make a sale.

The sheriff office said OSCN, not OSBI. Which didn't make sense to me, because OSCN is state records only. And one of the reasons was because it is free. Didn't seem to me that would be enough. None of this made sense to me, and it seemed like no one could give me a real answer. I learned alot from this, I've bought 10 guns since November and havent had a problem. I made a mistake, and just trying to pass on some experiences.[/QUOTE]
My mistake on the labeling of the state agency. I guess I had OSBI on the brain. It sucks getting old, until you consider the alternative...
 

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