antique firearms - FFL

[barnabus1999]

Do I need to go through FFL in OR for an antique? My dad has an old Lugar.

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[drstrangelove]

Given there where no Lugers prior to 1899, if it's being moved outside immediate family, it needs FFL transfer.

 

[homeuser6]

no. the exception is about immediate family members.

 

[User 1234]

"Your dad has an old Luger" isn't enough information to answer the question. Are you the intended transferee? Do you both reside in Oregon or are you residents of different states?

See 4(c):

ORS 166.435 – Firearm transfers by unlicensed persons

As used in this section, (a) “Transfer” means the delivery of a firearm from a transferor to a transferee, including, but not…

oregon.public.law

This Oregon exception does not exempt the buyer or seller from complying with the federal government's interstate (buyer and seller are residents of two different states) transfer law. For residents of different states an FFL dealer in the receiving resident's state must receive and transfer the pistol unless the buyer has a C&R FFL and the receiving state allows C&Rs to directly purchase curios and relics. There are a couple other exceptions to the federal interstate transfer FFL requirement.

Note that I am not a cheerleader for these laws, just that if someone wants to make an informed decision I'd like to help people find the relevant information.

 

[barnabus1999]

Thanks. Yes we are in different states.

 

[User 1234]

Is your dad planning to leave it to you in a will, or are you planning to transfer it while he is still alive?

I'm assuming that you do not have a C&R FFL.

 

[barnabus1999]

Section 4

c)

The transfer of a firearm to:

(A)

A transferor's spouse or domestic partner;

(B)

A transferor's parent or stepparent;

(C)

A transferor's child or stepchild;

 

[barnabus1999]

Is your dad planning to leave it to you in a will, or are you planning to transfer it while he is still alive?

I'm assuming that you do not have a C&R FFL.

In a will trying to help Mom out he is on his last legs

 

[barnabus1999]

Section 4

c)

The transfer of a firearm to:

(A)

A transferor's spouse or domestic partner;

(B)

A transferor's parent or stepparent;

(C)

A transferor's child or stepchild;

If I read correctly does not apply.

 

[User 1234]

I'm sorry to hear that.

The federal government has an exception to the federal interstate transfer FFL requirement for firearms obtained through a will.

Oregon has an exception to the Oregon FFL transfer requirement for father-to-son. See above.

Hopefully your dad does not live in a state that has some sort of ridiculous restriction on the will's executor disposing of the firearm pursuant to the will's terms.

 

[ma96782]

Remember also...........

Laws vary from State to State.

And.......just because a firearm in on the "Curio and Relic List" it doesn't automatically mean that it's an "Antique". Two different definitions.

Aloha, Mark

 

[drstrangelove]

Remember also...........

Laws vary from State to State.

And.......just because a firearm in on the "Curio and Relic List" it doesn't automatically mean that it's an "Antique". Two different definitions.

Aloha, Mark

To OP:
C&R is 50yr or older, and you don't clearly have a C&R license. Antique is pre 1899… any Luger is newer than that. It would appear that if your dad is still living, it would need FFL transfer since it's between states. After he is passes, it may be bequeathed to you directly without FFL.
It is always cleaner to have a family trust than a will. A trust avoids probate, ergo any State's Lien in regards to collection of taxes, or any contestation from other parties, prior to distribution of assets. This conceivably would include disposition of a firearm to new ownership. In a trust, upon the defendants death, that named property becomes yours without probate.
If not too late to set up a family trust, I highly encourage you to do so. And no, I'm not a lawyer.