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I contacted the ATF for an official response and their response was to contact the Attorney general.
The attorney Generals response was
"Unfortunately, the Oregon Department of Justice (DOJ) is not the proper agency to address your concerns. Neither the Attorney General nor the Oregon Department of Justice have jurisdiction over firearm transfers in Oregon, nor can we provide an interpretation of the law to individual citizens. ORS 180.060. I would suggest redirecting your inquiry to the Oregon State Police. "
I called the State Police and they did not know, though a nice guy names Jeff is going to look into it and call me back. I asked for how to get an official response one way or the other so we know for sure.
Im waiting on that reply
what sort of official response are you looking for? did you contact the main ATF headquarters? i've had good information and experiences with calling both the portland and seattle field offices. did you speak with a field investigator, or a receptionist?
I want someone to put it in writing who has an official capacity at the state or federal level to say exactly whether I can order a C&R gun after august. Yes or No is what Im looking for. Not try it and see if I get arrested approach
I want someone to put it in writing who has an official capacity at the state or federal level to say exactly whether I can order a C&R gun after august. Yes or No is what Im looking for. Not try it and see if I get arrested approach
Did you read SB 941? Not sure if this helps, but purchasing directly from a dealer using the C&R does not qualify as a transfer.
(a) "Transfer" means the delivery of a firearm from a transferor to a transferee, including, but not limited to, the sale, gift, loan or lease of the firearm.
[...]
(b) "Transferee" means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to receive a firearm from a transferor.
(c) "Transferor" means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee.
Overall SB941 only applies to non-dealer to non-dealer transfers. I'm not a collector but presumably your license may still be useful for buying or selling directly to dealer FFLs, even within the state.
That would make sense except that Senator Prozanski who wrote the bill (or had it written for him) specifically told me it was his intention with the bill that C&R holders had to do background checks on every purchase. I also asked him and several other legislators to add specific language to the bill so it would be clarified and they didnt. I also had my legislator lie to me saying she could not introduce an amendment to clarify it when there was still plenty of time in the session to do it.
I'll keep buying out of state as long as the seller recognizes my FFL. I don't believe this bill can restrict interstate trade between Federal licensees, unless Floyd "a bad guy shot my sister" Prozanski sees something in what he wrote that the rest of us don't. Supreme Court anyone?
I put another call into OSP today and they still dont know. I did ask if I can have a C&R gun transferred to me and then call OSP to run my own background check. They are going to noodle on that question too. (Obviously I would not do this but Im curious if it would work)
Did you read SB 941? Not sure if this helps, but purchasing directly from a dealer using the C&R does not qualify as a transfer.
(a) "Transfer" means the delivery of a firearm from a transferor to a transferee, including, but not limited to, the sale, gift, loan or lease of the firearm.
[...]
(b) "Transferee" means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to receive a firearm from a transferor.
(c) "Transferor" means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee.
Overall SB941 only applies to non-dealer to non-dealer transfers. I'm not a collector but presumably your license may still be useful for buying or selling directly to dealer FFLs, even within the state.
My interpretation is the same. This applies to transfers from a non dealer to another non dealer. The problem is going to be that out of state FFL's are probably not going to take a chance and ship to a C & R holder in Oregon. An in state FFL may also try to avoid any legal trouble and just do a background check on you even if you have a C & R.
I went to the Oregon Department of Justice webpage to see if they had any information. What stood out is the following:
Get Legal Advice
Article Content
Oregon law prohibits the Attorney General and employees of the Department of Justice from providing legal advice to private individuals (ORS 180.060).
I realize they cannot provide legal advice but they should be able to provide an interpretation of the statute without someone having to possibly break the law to test it. I think the NRA or another gun rights organization should seek an interpretation from ODOJ.
Okay so I found additional information regarding attorney general opinions:
The Attorney General provides written opinions upon any question of law in which any government entity within the state may have an interest when requested by the governor, any state agency official or any member of the legislature, but is prohibited by law from rendering opinions or giving legal advice to any other persons or agencies.
So perhaps we can get one of our legislators to request an opinion.
OSP's fact sheet on 941. Even if they can provide legal advice they could update this fact sheet for C&R
http://www.oregon.gov/osp/docs/SB941_Information_Sheet.pdf
You can call OSP for a background check at a gun show for a private sale.
"A private party transferring a firearm at a gun show must complete a background check through OSP or a firearm dealer prior to the transfer. (NOTE: This is existing statute, however is highlighted to show the private party has options, in these instances.)"
see, this is why that Prozanski bubblegum is a big fat bubblegummy stinking bubblegum. I knew that we'd be in this position today. trying to figure out, as good honest law abiding citizens, if we would be breaking to law. that's why I had been hammering them with questions even before they submitted the bill.
I could just say F it and order what I wanted and Im sure it would get delivered to my house. But then I have to record the firearm in my book. So if someone decides to be a bubblegum about it, I've recorded the evidence in my bound book.
BUBBLEGUMS! This country needs a giant flush down the toilet.