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So with the introduction of new gun laws in OR trying to kill 2A rights by 1,000 cuts, I have some questions. I asked these of my FFL and he was pretty sure of his answers to the first question, but the rest he was not as sure about #3 and was very unsure about #2. If you've got an answer with a specific section of code to back it up, that would be great!
Question 1: In OR a firearms trade now requires two FFL transfers right?
This one just needs confirmation, and I found some in a discussion here but wanted to double check. If my understanding of the current laws are correct, to successfully execute a firearm trade between two individuals, Person A and Person B would both need to go to an FFL and each have a 4473 and transfer done in their name, right? One transfer for B getting A's gun, and one for A getting B's gun?
Question 2: Now that OR requires a background check for every transfer, how does that affect ATF Form 4473 question 11a "Are you the actual Transferee?"
According to the instructions on the form 4473 "A person is also the actual transferee/buyer if he/she is legitimately purchasing the firearm as a bona fide gift for a third party."
Which brings us to BS 941, which states the following items:
§2(2) (abridged)
...A transferor may not transfer a firearm to a transferee unless the transfer is completed
through a gun dealer.
§2(1)(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.
§2(1)(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.
The problem is these two legal documents (the 4473 and BS 941 as added to the ORS) are in conflict with one another in the usage of their definitions. If Person A buys Person B a gun as a bona fide gift, then Person A is the transferee according to the 4473 even though it is Person B's personal property, ergo according to OR law, the owner of the firearm (Person B) would not need a separate transfer and 4473 because they would be (by OR law) both the transferor and the transferee. A person does not need to transfer their firearm property to themselves. OR cannot force the 4473 definition of transferee to be redefined, so we are in a conundrum.
Summary of interpretation: If Person A bought Person B a firearm as a bonafide gift, by my interpretation, no transfer from Person A to Person B should be required as it was, at all times, Person B's bona fide personal property and OR law does not require a person to transfer a firearm to themselves.
Question 3: As an OR resident, can I still buy a rifle or shotgun in another state and complete the transfer there?
This one's straightforward, did 941 change my ability to buy a long gun in another state? There was a killer deal on shotguns in Vancouver, WA recently, but I was truly unsure if I could still complete that purchase and really didn't want to argue gun laws with a dunce at a Wal-Mart gun counter without specific legal citation ready to back me up.
Question 1: In OR a firearms trade now requires two FFL transfers right?
This one just needs confirmation, and I found some in a discussion here but wanted to double check. If my understanding of the current laws are correct, to successfully execute a firearm trade between two individuals, Person A and Person B would both need to go to an FFL and each have a 4473 and transfer done in their name, right? One transfer for B getting A's gun, and one for A getting B's gun?
Question 2: Now that OR requires a background check for every transfer, how does that affect ATF Form 4473 question 11a "Are you the actual Transferee?"
According to the instructions on the form 4473 "A person is also the actual transferee/buyer if he/she is legitimately purchasing the firearm as a bona fide gift for a third party."
Which brings us to BS 941, which states the following items:
§2(2) (abridged)
...A transferor may not transfer a firearm to a transferee unless the transfer is completed
through a gun dealer.
§2(1)(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.
§2(1)(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.
The problem is these two legal documents (the 4473 and BS 941 as added to the ORS) are in conflict with one another in the usage of their definitions. If Person A buys Person B a gun as a bona fide gift, then Person A is the transferee according to the 4473 even though it is Person B's personal property, ergo according to OR law, the owner of the firearm (Person B) would not need a separate transfer and 4473 because they would be (by OR law) both the transferor and the transferee. A person does not need to transfer their firearm property to themselves. OR cannot force the 4473 definition of transferee to be redefined, so we are in a conundrum.
Summary of interpretation: If Person A bought Person B a firearm as a bonafide gift, by my interpretation, no transfer from Person A to Person B should be required as it was, at all times, Person B's bona fide personal property and OR law does not require a person to transfer a firearm to themselves.
Question 3: As an OR resident, can I still buy a rifle or shotgun in another state and complete the transfer there?
This one's straightforward, did 941 change my ability to buy a long gun in another state? There was a killer deal on shotguns in Vancouver, WA recently, but I was truly unsure if I could still complete that purchase and really didn't want to argue gun laws with a dunce at a Wal-Mart gun counter without specific legal citation ready to back me up.
