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Can one purchase a rfile/shotgun out of state, and take it back while traveling?

Discussion in 'Legal & Political Archive' started by sasquatch98226, Aug 22, 2012.

  1. sasquatch98226

    sasquatch98226 Bellingham Member

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    I plan on taking an extended road trip vacation and doing some shooting while away. It may be easier to purchase said shotgun from a local dealer in the other state than to try and ship anything anywhere. It is legal to purchase a rifle/shotgun out of your home state, and then if driving just bring it back with you? Or if you purchase it, do you have to "ship" it to yourself?

    Thanks.
     
  2. vmkeith

    vmkeith Vancouver, Washington, United States Member

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    Washington residents can purchase long guns (rifles and shotguns) in Oregon. Just make sure whatever you purchase conforms to Washington State gun laws.
     
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  3. bcp

    bcp SW WA Member

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    ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

    Q: From whom may an unlicensed person acquire a firearm under the GCA?

    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
     
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  4. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    yes, for the most part, you can, but there are a few states that you might not be able to do so, IL being one I can think of right off the top of my head...for reasons of state law, not federal. IL requires a FOID (firearms owners ID) card before purchasing a firearm.
     
  5. Gaucho Gringo

    Gaucho Gringo Vancouver, WA Well-Known Member

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    Can someone from Oregon buy a rifle or shotgun in Wash and bring it home to Oregon? Thank you.
     
  6. drew

    drew OR Well-Known Member

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    Yes, you can do this.
     
  7. accessbob

    accessbob Molalla, OR 2A Supporter

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    Only if bought from an FFL in that state, and in Oregon it only applies to contiguous states to Oregon (Washington, Idaho, Nevada, and California) but it also neesds to take into account the state law of the state in which you are purchasing it.. You can't buy from a private party in another state without going through an FFL in your state of residence.
     
    Last edited: Aug 22, 2012
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  8. AlphaCoyote

    AlphaCoyote Oh, I get around. New Member

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    Free legal advice is worth exactly what you pay for it.
     
  9. drew

    drew OR Well-Known Member

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    True. I was trying not repeat the post a couple above mine that referenced the federal law regarding interstate transfers. The relevant statute is ORS 166.490.
     
  10. bcp

    bcp SW WA Member

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    I believe that was Oregon's enabling legislation when the federal law allowed out of state purchases only in contiguous states. That restriction has been rescinded in the federal law:

    From:
    Notes on 18 U.S.C. § 922 : US Code - Notes

    (Subsec. (b)(3)(A). Pub. L. 99-308, Sec. 102(4)(B), inserted a new
    cl. (A) and struck out former cl. (A) which provided that par. (3)
    "shall not apply to the sale or delivery of a rifle or shotgun to a
    resident of a State contiguous to the State in which the licensee's
    place of business is located if the purchaser's State of residence
    permits such sale or delivery by law, the sale fully complies with
    the legal conditions of sale in both such contiguous States, and
    the purchaser and the licensee have, prior to the sale, or delivery
    for sale, of the rifle or shotgun, complied with all of the
    requirements of section 922(c) applicable to intrastate
    transactions other than at the licensee's business premises,".

    The last paragraph of the Oregon law says:

    ORS 166.490 - Purchase of firearms in certain other states - 2011 Oregon Revised Statutes

    This section expires and stands repealed upon the date that section 922(b) (3) of the Gun Control Act of 1968 (18 U.S.C. 922(b) (3)) and regulations pursuant thereto are repealed or rescinded. [1969 c.289 §§1,2,3,4]
     
  11. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    The original GCA68 made it legal to purchase a long gun from an FFl in a neighboring state. Most states wrote a complimentary law. Later, the law was changed so you could purchase in any state, again from an FFL, but in this case, some states (NY) did not change their laws, so in this case, you can only purchase in a neighboring state if you are a resident of NY state. However, in WA, the law was changed and you may purchase any legal firearm in another state in a manner consistant with federal law. RCW 9.41.122

    Why ship it? Put it in your trunk and bring it home (if you are talking about Alaska, you need to clear Canadian customs, with a long gun, not so difficult any more.

    If you mean can you call an FFL and order one from another state and have it mailed to you...not unless it is a black powder weapon. All moden firearms are to be FTF with the FFL.