Oregon Bought in OR sold in AZ?

[Hueco]

Hey all, I'm looking to get my dad a wheel gun for Xmas this year. I live in OR but would be flying down to AZ to gift it.

AZ doesn't require BG checks for private sales and it seems like I should be in the clear here...but got unsure about things when it came to crossing state lines.

Does anyone know the applicable legal concerns for this type of transaction?

To recap:
- bought in OR
- sold in AZ
- sold to direct family (father)

Thanks!

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[DB is Here]

Personally, I'd call the FFL that you're making the purchase from and ask the question, as any advice you'd get on a web forum is worth what you paid for it...YMMV

 

[Hueco]

Personally, I'd call the FFL that you're making the purchase from and ask the question, as any advice you'd get on a web forum is worth what you paid for it...YMMV

It's like med advice on the web. Mostly I use it as a starting point for research. Even the FFL's advice, if wrong, is not an excuse in court. So I like to do my own research...just lookin' for a place to start.

 

[Kruel J]

It's like med advice on the web. Mostly I use it as a starting point for research. Even the FFL's advice, if wrong, is not an excuse in court. So I like to do my own research...just lookin' for a place to start.

Start with an attorney that specializes in gun law.

Like med advice on the web, legal advice on the web is dangerous and rarely accurate.

 

[bbbass]

Sooooooo, how to answer the question of form 4473???

11.
a. Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual transferee/buyer if you are
acquiring the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer the
firearm(s) to you. Exception: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a. and may proceed to question 11.b. (See Instructions for Question 11.a.)

 

[auggie doggie]

Why chance it? You can purchase the firearm and have it sent directly to an FFL local to him. He doesn't have to know. When you arrive you take him to the shop and gift it right there.

 

[bbbass]

The other option is to buy a wheelgun in AZ. Take him to the store. Let him get what he wants. (Within reason. )

It's not like AZ doesn't have any gun stores...

 

[Sporting Systems]

A gift between family members is often allowed, except across state lines. Only bequethments (estate leaving firearms to an individual)are allowed across state lines.

This is a real good resource on lots of frequently asked questions. I think #3 covers inter state gifting.

https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download

 

[bbbass]

I built an AR for my daughter in Arkansas and sent it to her FFL there. He freaked out and called the ATF... got told that it was perfectly legal!!!

 

[CLT65]

This is actually a very simple question with a simple answer. If you're an Oregon resident and he's an Arizona resident then it's an interstate transfer (whether selling or "gifting"), and legally requires an FFL transfer. This is spelled out clearly on the ATF site.

Bbbass has the right idea, in my opinion. Take him to an Arizona gun shop, buy it for him, and let him fill out the form.

One catch to that, though, is that doing that is a red flag for the FFL. They might have a problem with you paying for it and him filling out the 4473, because that has the appearance of a straw purchase, yet you can't fill out the 4473 yourself because you can't purchase a handgun out of state. It's kind of a catch-22; you might have to convince him it's a legitimate gift.

 

[Eric in Oregon]

One catch to that, though, is that doing that is a red flag for the FFL. They might have a problem with you paying for it and him filling out the 4473, because that has the appearance of a straw purchase

People do this all the time so it almost certainly wouldn't be a red flag, particularly if they use a shop the dad's been to before.

 

[Hueco]

A gift between family members is often allowed, except across state lines. Only bequethments (estate leaving firearms to an individual)are allowed across state lines.

This is a real good resource on lots of frequently asked questions. I think #3 covers inter state gifting.

https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download

Given the article, it appears it'd be perfectly legal to buy the gun here in OR, then ship to myself or fly with to AZ, then "gift" on Xmas, then take dad to an FFL to do the paperwork. (The gun would technically be mine and in my possession until the FFL is done).

I see this as a perfectly reasonable series of events but will confirm with both OR and AZ FFL's.

 

[Ratfink]

I built an AR for my daughter in Arkansas and sent it to her FFL there. He freaked out and called the ATF... got told that it was perfectly legal!!!

What dim-bot of an FFL

 

[Sporting Systems]

Given the article, it appears it'd be perfectly legal to buy the gun here in OR, then ship to myself or fly with to AZ, then "gift" on Xmas, then take dad to an FFL to do the paperwork. (The gun would technically be mine and in my possession until the FFL is done).

I see this as a perfectly reasonable series of events but will confirm with both OR and AZ FFL's.

Correct.

 

[Ratfink]

Given the article, it appears it'd be perfectly legal to buy the gun here in OR, then ship to myself or fly with to AZ, then "gift" on Xmas, then take dad to an FFL to do the paperwork. (The gun would technically be mine and in my possession until the FFL is done).

I see this as a perfectly reasonable series of events but will confirm with both OR and AZ FFL's.

Yup, ur golden!

 

[bbbass]

What dim-bot of an FFL

Yuppers! He and I had a little conversation and then I told my daughter that we would never use him again. He also criticized several things about my build.

 

[Sporting Systems]

This is actually a very simple question with a simple answer. If you're an Oregon resident and he's an Arizona resident then it's an interstate transfer (whether selling or "gifting"), and legally requires an FFL transfer. This is spelled out clearly on the ATF site.

Bbbass has the right idea, in my opinion. Take him to an Arizona gun shop, buy it for him, and let him fill out the form.

One catch to that, though, is that doing that is a red flag for the FFL. They might have a problem with you paying for it and him filling out the 4473, because that has the appearance of a straw purchase, yet you can't fill out the 4473 yourself because you can't purchase a handgun out of state. It's kind of a catch-22; you might have to convince him it's a legitimate gift.

We do this all the time, but we do share the caution...this is a lawful and legal gift, not an attempt to bypass a background check due to the inability to pass said check.

 

[CLT65]

I only mentioned it because it happened to me once. I was at a gun show with a friend. He was buying a gun but didn't bring cash and couldn't use his credit card for some reason. I loaned him the money and the dealer had a fit, wanted to cancel the deal. He calmed down when I showed him my CHL.

 

[ma96782]

I built an AR for my daughter in Arkansas and sent it to her FFL there. He freaked out and called the ATF... got told that it was perfectly legal!!!

Well....CLINTONS.

Speaking of which........


Aloha, Mark

 

[titsonritz]

A gift between family members is often allowed, except across state lines. Only bequethments (estate leaving firearms to an individual)are allowed across state lines.

This is a real good resource on lots of frequently asked questions. I think #3 covers inter state gifting.

https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download

Correct, a handgun across state lines requires an FFL even among family members.