Firearms Laws and Questions

[Chipperxd]

So how much trouble are you in if you were lied to when you sold the gun privately? Lets say you got all the info from the buyer but the info turns out to be false. what then? Are you in serious trouble with the law?

Just a what if question. I have actually had great experience with FTF transactions on this board.

 

[tionico]

no trouble at all.... IF you have the information duly recorded as given. The law provides that you can't sell to someone when you have knowledge, or reaasonable cause to believe, they are somehow not legally qualified to own/possess the given weapon. So, if HE gives you false info, and you've no reason to suspect its false, you have committed no crime. THEY did for providing false info, AND for buying when they were legally barred from ownership. YOU are innocent, though, as you did not have knowledge of his prohibited status.... nor any hint that he IS prohibited.

Now, if he shows up at your residence in Washington, claims to be a Washington resident, but shows you an Oregon driving license and is driving a car with Oregon number plates.... you've just gotten some "reasonable grounds" to believe he is not, in fact, a Washingotn state resident, and thus not eligible to buy, nor you to sell, to him.

 

[HEYNANUNANU]

So.... I have been searching for the answer to this question for a bit. I read understanding oregon gun laws and looked around here a little, but I just don't understand the law about the schools? Can I or Can't I? The way I read it, it is extremely grey.

Just curious for when take my daughter to softball practice/game.


I have a permit btw...

 

[Member 5605]

I'm no lawyer, nor out to give legal advice but:

Your good.
With your CHL you can carry it concealed to a school, on grounds.

WIthout the license you cannot. Your restrictions are federally operated places, post office property and courthouses with no weapon signs.


(feel free to correct if I'm wrong)

 

[HEYNANUNANU]

Thanks!
That was the jist that I was getting and just wanted to hear the opinions that you guys have on the law...


Rich

 

[Member 5605]

https://www.oregonlegislature.gov/bills_laws/ors/ors166.html
166.180
From there read down. Regarding possession of firearms.
Specifically 166.250

 

[HEYNANUNANU]

So... 166.260 says that any person with a license is not affected by 166.250. Correct? But if it was discharged, I would be breaking the law? Interesting. I hope I am not reading that right...

 

[Trlsmn]

So... 166.260 says that any person with a license is not affected by 166.250. Correct? But if it was discharged, I would be breaking the law? Interesting. I hope I am not reading that right...

An easy test is to ask yourself can this theoretical person buy a gun retail and pass a background check? If so you're golden, if not you're breaking the law.

 

[tionico]

250 says no one can possess a firearm in a "public building", and specifies the grounds attached to that building are part of it. It does provide an exemption for CHL holders.

260 restates this.... and adds that a gun locked in a car in the car park of the public building is OK.... it also provides an exemption to CHL holders, and adds that discharge on school grounds is a no no....

the question to me is, does the set of rules regarding use of deadly force when in immediate, plausible threat to life or serious bodily harm over-ride this?

I wonder are there some court precedents where someone used a gun in self-defense, or defense of another, on school property.

Another questionn not made clear... what about when a school facility is rented to accomodate some function other than the education of students... specifically at other times of day/week.. such as a Boy Scout meeting, a church service, where the school rents, say, the cafeteria or a multipurpose room, to a private group..... would open carry be legal at such a time and place?

 

[1Simpleman]

I have read through all the posts here. Still confused. I am from Washington State, want to buy a gun from a person in Idaho. This is all a private party transaction. Is it possible to transfer ownership of this gun to me, and cancel out ownership from the person selling such item?

 

[Father of four]

The person from Idaho has to send it to a FFL in Washington for you to be legal.
Some FFl's will accept it from him, other FFL's will not. He may have to get a FFl in Idaho to send the gun to a FFl in Washington for you.

 

[Father of four]

I have read through all the posts here. Still confused. I am from Washington State, want to buy a gun from a person in Idaho. This is all a private party transaction. Is it possible to transfer ownership of this gun to me, and cancel out ownership from the person selling such item?

Here is something that should help you. http://en.wikipedia.org/wiki/Federal_Firearms_License

 

[1Simpleman]

Man, just does not make any sense. Like I can buy a rifle and ammo in a gun store all day everyday in Idaho, but can not buy a pistol in Idaho. Oh well. Will live with it.

 

[Father of four]

Here is something else. http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)

Research Washington law about it. Then research Idaho law about it. Compare and see what must be done. Good luck.

 

[1Simpleman]

Thanks for the information, I will do some research and see what I come up with.

 

[Father of four]

1 more. http://en.wikipedia.org/wiki/Gun_law_in_the_United_States#Sales_between_individuals

Sales between individuals

* Federal law allows the sale of a long gun or a handgun between private parties of the same state as long as the purchaser is 18 years of age. An individual who does not possess a federal firearms license may not sell a modern firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser's state.[3] Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor's state of residence.[3] Likewise, antique firearms are exempt from these sections of the law in most states. (Antique firearms are defined as those manufactured pre-1899 by US federal law, or modern replicas thereof that do not use cartridges. State law definitions on antique firearms vary considerably from state to state.)

 

[tionico]

There is NO law that requires a FFL Dealer to accept a firearm from ONLY another FFL.... there is nothing that says they cannot accept a transfer gun from a private party out of state.

If the FFL you want to use in Washington will not accept a shipment from a private party, find another... he is making up his OWN requirements... and the federal ones are aleady far too insane.

Now, one bit of information.. private parties can NOT ship a handgun through the US Mail at all (long guns, yes...certain rules aply but it is easy and cheap). Private parties can ONLY ship handguns via UPS and FedEx.... and THEIR rules stipulate they MUST go by overnight air.

SO-- if your seller can swing a cheap outbound price plus USPS Priority Flat Rate shipping, and do it all reasonably, it may well be less money than paying UPS or fedEx to ship it overnight.... stupid rules.. it is supposed to be to prevent theft--- but last fall, a UPS employee was busted in texas for stealing firearms from the station while they were in transit... overnight air did not slow him down. He was busted on three separate counts... but may have done more. So WHY the rule? easy... they get a WHOLE lot more money for overnight air service than standard ground.

Also, if your seller lives close enough to Washiington and comes across the line on occasion..... HE can legally transport his own gun (its his until transferred through a FFL to you) across state lines... so HE can legally drive it across (say, from Moscow to Pullman, Coeur d' Alene to Spokane) hand it over to the FFL of your choosing..... you can even meet him there, inspect the gun, pay for it, he's gone, your FFL guy completes the paperwork and you can take it home...

Long guns, you could have him take it to a local FFL in Idaho, meet him there, pay him for it, and then the Idaho FFL can transfer it to you legally.... LONGguns only.

Hows that for an insane bunch of stupid rules that does NOTHING to keep guns out of the hands of law-breakers, and makes a bunch of innocent honest folks lawbreakers when they are unaware of the laws....

this whole business needs to be repealed...... talk about interfering with interstate commerce...... and infringing upon the right to keep and bear arms.......

 

[Father of four]

T
Hows that for an insane bunch of stupid rules that does NOTHING to keep guns out of the hands of law-breakers, and makes a bunch of innocent honest folks lawbreakers when they are unaware of the laws....

this whole business needs to be repealed...... talk about interfering with interstate commerce...... and infringing upon the right to keep and bear arms.......

Thanks for the clarifications. And yes..a bunch of stupid rules for them to make money from us. Right to bear = can cost a bundle!

 

[2zuks]

New question?

We have a thread where a felon is busted because a gal he married has guns - had them before they were married. Since he's living in the home and has access to and therefore control of her guns, he's rightly busted for being a felon in possession.

How about this? I have a CCW and my wife doesn't. She has no interest in getting one.

So, say we are driving in Oregon. I'm at the wheel and she's in the passenger's seat. There's a loaded hand gun in the glove box, right in front of her, concealed. We get stopped and she opens the glove box to retrieve the ins. and registration cards. There's the gun.

Is she in "possession" of a concealed weapon? She certainly has knowledge, access, and "control" of it even though it's mine and I put it there for my use.

What say?

I have looked into this quite a bit. It is a grey area and basically is up to the officer. I called state, county, and city police departments They said if it is in the glove compartment or another area easily accessable to the passenger, it can be considered to be under their control.

By the way, it is also my understanding that firearms can be in a house that a felon resides in, as long as they are in a safe and the felon has no access to the key. If they are out in the open, it can be considered constructive posession.

 

[TheHossUSMC]

I posted this up on another forum and I think a lot of people find it valuable. If not then skip over it, but it condenses a lot of info. Feel free to correct me if I'm wrong on anything I try to stay current and to help inform people correctly.

This is most of Oregon's firearm laws.

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