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§ 178.29 Out-of-State acquisition of
firearms by nonlicensees.
No person, other than a licensed importer,
licensed manufacturer, licensed
dealer, or licensed collector, shall
transport into or receive in the State
where the person resides (or if a corporation
or other business entity,
where it maintains a place of business)
any firearm purchased or otherwise obtained
by such person outside that
State: Provided, That the provisions of
this section:
(a) Shall not preclude any person who
lawfully acquires a firearm by bequest
or intestate succession in a State other
than his State of residence from transporting
the firearm into or receiving it
in that State, if it is lawful for such
person to purchase or possess such firearm
in that State,
(b) Shall not apply to the transportation
or receipt of a rifle or shotgun
obtained from a licensed manufacturer,
licensed importer, licensed dealer, or
licensed collector in a State other than
the transferee's State of residence in
an over-the-counter transaction at the
licensee's premises obtained in conformity
with the provisions of
§ 178.96(c) and
(c) Shall not apply to the transportation
or receipt of a firearm obtained
in conformity with the provisions of
§§ 178.30 and 178.97.
[T.D. ATF–270, 53 FR 10493, Mar. 31, 1988]
§ 178.30 Out-of-State disposition of
firearms by nonlicensees.
No nonlicensee shall transfer, sell,
trade, give, transport, or deliver any
firearm to any other nonlicensee, who
the transferor knows or has reasonable
cause to believe does not reside in (or if
the person is a corporation or other
business entity, does not maintain a
place of business in) the State in which
the transferor resides: Provided, That
the provisions of this section:
(a) shall not apply to the transfer,
transportation, or delivery of a firearm
made to carry out a bequest of a firearm
to, or any acquisition by intestate
succession of a firearm by, a person
who is permitted to acquire or possess
a firearm under the laws of the State of
his residence; and
(b) shall not apply to the loan or
rental of a firearm to any person for
temporary use for lawful sporting purposes.
[T.D. ATF–313, 56 FR 32508, July 17, 1991; 57
FR 1205, Jan. 10, 1992]
So about buying a gun from a guy out of state? Here's the situation.What if a guy, with complete ignorance of this law, from Oregon buys a hunting rifle in Oregon from a guy who brings it over from Vancouver. Say this guy sticks the rifle in his closet for a few months and then reads about this law prohibiting ftf sales from out of state. Should the guy turn the rifle in and risk getting arrested, burn all reciepts and bury the rifle in the ocean, or just hold onto it thinking nothing will ever come of it? :huh:
So according to what I read above my own family (i.e. grandfather) can't give me or say leave to me his hunting rifles or any other firearm?? All because he does not live in the same state??? I am blown away by that!! :angry: Actually a little peeved.. :complain: But such as life I suppose.
(a) shall not apply to the transfer,
transportation, or delivery of a firearm
made to carry out a bequest of a firearm
to, or any acquisition by intestate
succession of a firearm by, a person
who is permitted to acquire or possess
a firearm under the laws of the State of
his residence;
Yes however should he decide to give them to me while he is alive, he (giving) and therefore I (receiving the item), would be breaking the law. I just think that is crazy. But apparently its the world we live in.
"bequest" is considered giving, so it could be "bequeathed" to him from a living relative.
I disagree. A bequest is a gift by operation of a will. A gift from a living relative would just be a regular gift, and the statutes you quoted explicitly ban interstate transfers by ordinary gift. So if grandpa leaves it to you in his will, it can be transfered across state lines, but he can't give it to you across state lines while he's still alive. I think the statute quoted makes that distinction pretty clear.
Anyways, a living relative can give you a firearm from out of state through legal means using a license holder. (and following local laws)
What if the person you want to buy from is in the military and "stationed" in your state (Oregon) but lives ..say in Washington. I have been told that this is legal but have not been able to verify it. I want to be darn sure it's OK before I make the purchase.
What do you mean he is "stationed" in Oregon but "lives" in another state? Where does he sleep at night?
The tricky thing is that there are all kinds of special rules for service personnel.
If you really want to make darn sure it's OK, going through a local FFL would be a sound $35 investment.