2018 - Transfer FA Question

[RicInOR]

Asking for a friend ...


So my Friend has a son who currently serves and is about to goto a permanent duty station where Fire Arms are not allowed.

I think the son has Oregon residency as that is where my friend lives - but, as he is currently assigned in WA, could have residency there.

Son has a couple of FA - rifle and pistol.

Since this is family, although not living at home, I believe there is no required paperwork for son to leave FA with dad, even tho transfer is across state line


Can anyone provide me with a different interpretation?



My friend is a lawful gun owner. So is the son. Nothing tricky, just need to the proper, legal, method.

These seem to be on point

Federal
https://www.justice.gov/sites/default/files/usao-ut/legacy/2013/06/03/guncard.pdf
https://www.atf.gov/resource-center/docs/atf-p-5300-4pdf/download

OR
ORS 166.435 - Firearm transfers by unlicensed persons - 2015 Oregon Revised Statutes

WA
RCW 9.41.113: Firearm sales or transfers—Background checks—Requirements—Exceptions.




Thank you


edit - update - just Fire Arms.
No NFA
No Short barrel
No Arm Brace.
No unusual ammo ( ie no tracers, no armor piercing)

Read More

 

[Alexx1401]

Asking for a friend ...


So my Friend has a son who currently serves and is about to goto a permanent duty station where FA are not allowed.

I think the son has Oregon residency as that is where my friend lives - but, as he is currently assigned in WA, could have residency there.

Son has a couple of FA - rifle and pistol.

Since this is family, although not living at home, I believe there is no required paperwork for son to leave FA with dad, even tho transfer is across state line


Can anyone provide me with a different interpretation?



My friend is a lawful gun owner. So is the son. Nothing tricky, just need to the proper, legal, method.

These seem to be on point

Federal
https://www.justice.gov/sites/default/files/usao-ut/legacy/2013/06/03/guncard.pdf
https://www.atf.gov/resource-center/docs/atf-p-5300-4pdf/download

OR
ORS 166.435 - Firearm transfers by unlicensed persons - 2015 Oregon Revised Statutes

WA
RCW 9.41.113: Firearm sales or transfers—Background checks—Requirements—Exceptions.




Thank you

As always there is one big problem with this type of question on any internet forum. You are bound to get conflicting opinions. Even if you don't taking legal advice this way is just really a shot in the dark. Run afoul of some law no judge cares who "told you" it was ok. So what would "I do" in this case? I would start with a person who has an FFL in HIS state. Walk in and ask for the person who actually has the FFL, not some employee. Then state the question asked and go from there. Even that is no guarantee but it would be a lot better than just taking at face value what anyone on the net tells you.

 

[Colts4me]

I m gonna reply and take the vaue of this as to what you paid for it. I traveled a great deal so I made a will to establsh ownership of my things should I die. As with all things you have listed in your ownership I suspect NFA is the same. If someone drives your car and gets stopped they will have to prove ownership or the right to drive it. NFA papers establish ownership so no one but the owner may have full control of the item.

When your buddy leaves the gun in his residence if others live there he should take reasonable care by what a jury sees as reasonable to lock up the item. It's his residence so I doubt the feds would give him trouble. Please ask others and don' rely on my comment.

 

[CountryGent]

This ATF entry appears to address your question:

If an individual is changing his or her State of residence and the individual's application to transport the NFA firearm cannot be approved because of a prohibition in the new State, what options does a lawful possessor have?

NFA firearms may be left in a safe deposit box in his or her former State of residence. Also, the firearm could be left or stored in the former State of residence at the house of a friend or relative in a locked room or container to which only the registered owner has a key. The friend or relative should be supplied with a copy of the registration forms and a letter from the owner authorizing storage of the firearm at that location.

The firearms may also be transferred in accordance with NFA regulations or abandoned to ATF.

 

[Alexx1401]

Interesting how this went from someone asking about "Son has a couple of FA (fireamrs?) - rifle and pistol." to transporting and or storing NFA items so fast??

 

[BillM]

Interesting how this went from someone asking about "Son has a couple of FA (fireamrs?) - rifle and pistol." to transporting and or storing NFA items so fast??

Probably headed that way because to many people FA is Full Auto? AKA machine guns--regulated by NFA.

 

[CountryGent]

Probably headed that way because to many people FA is Full Auto? AKA machine guns--regulated by NFA.

That is how I interpreted "FA". If OP meant just regular, Title I firearms, then that is different in terms of possession, storage requirements, et al.

 

[RicInOR]

Sorry - FA == Firearms. Pistol. Rifle. (maybe a shot gun)
nothing like short barrel - is it a pistol or rifle, nor arm brace.

 

[CountryGent]

Sorry - FA == Firearms. Pistol. Rifle. (maybe a shot gun)
nothing like short barrel - is it a pistol or rifle, nor arm brace.

OK. The items not being NFA makes things easier.

If both father and son are legal residents of Oregon, the son should be able to leave the firearms with the father before heading off. Transfers between child and parent (as well as several other close relation) are legal in Oregon without performing a background check.

If the son is a resident of another state, then you get into the interstate transfer business.

 

[The Heretic]

Section 921(b) of the GCA provides that a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located.

Licensees should note that for purposes of the GCA, military personnel may in some cases have two States of residence. For example, a member of the Armed Forces whose permanent duty station is Fort Benning, Georgia, may actually reside in a home in Alabama. For GCA purposes, that individual is a resident of Georgia when he or she is in Georgia and a resident of Alabama when he or she is in Alabama.

https://www.atf.gov/file/83651/download

In other words, more or less dual residency when in the military on orders. For most purposes your state of residency is actually the state you intend to return to when you leave the military. This often applies for tax purposes, but it can vary.

I would just transfer (without any paperwork necessary) the firearms to the father if that is where he wants to keep them while in the military.

IANAL

 

[Quartermaster]

Don't ask. Don't tell.

 

[KKG]

While there may be a number of restrictions placed on where and how the Firearms are stored; I'd be very much surprised that the Service member wasn't allowed to have his personal property at his new Duty station. As long as the Station is within the US border.

Restrictions - YES but a flat Denial - NO.

 

[The Heretic]

While there may be a number of restrictions placed on where and how the Firearms are stored; I'd be very much surprised that the Service member wasn't allowed to have his personal property at his new Duty station. As long as the Station is within the US border.

Restrictions - YES but a flat Denial - NO.

Last I read, there are denials on some bases and that it is up to the base commander, but that the policy is changing and leaving it up to the base commander.

 

[v0lcom13sn0w]

i know what i would do and it wouldnt involve unnecessary paperwork since its family.

no ones business but theirs

 

[RicInOR]

@KKG new duty will not be in CONUS. Country where base is located does not allow guns for their citizens.

Don't ask. Don't tell.

i know what i would do and it wouldnt involve unnecessary paperwork since its family. no ones business but theirs

This was my first suggestion. Put them in dad's safe and don't tell anyone. But given the chance to be lawful, take it.


I heard back, the son is still an legal OR resident (drivers license and taxes)

That simplifies things.

 

[KKG]

Not being a CONUS posting puts a whole different light on the Issue. I'd suggest he contact the JAG at his present Duty Station and ask them what he should do. That's what JAG gets the Big Bucks for.