Can Oregon, Washington or a Californian resident legally buy/sell firearm to private party in Idaho?

[arakboss]

I understand Idaho doesn't require a background check for firearm transfers between private parties. If a resident from OR, WA or CA is in Idaho, is there any Idaho law or Home State law that would prevent them from transferring a firearm to another individual who is also located in Idaho?

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[Camelfilter]

Simplistically:

Long gun? No problem.

Hand gun? Must be purchased in the buyers home state (or appropriately shipped to an FFL in the buyers home state).

AFAIK anyways.

 

[Unka-Boo]

Across state lines requires use of an FFL. Period, end of story.

 

[arakboss]

Across state lines requires use of an FFL. Period, end of story.

I am not talking about sending it over state lines. Are you saying that even if both private parties are physically in Idaho that ffl is required? Can you provide a link to that law?

 

[arakboss]

I am not talking about sending it over state lines. Are you saying that even if both private parties are physically in Idaho that ffl is required? Can you provide a link to that law?

Across state lines requires use of an FFL. Period, end of story.

never mind I think I found it, thanks

 

[arakboss]

Across state lines requires use of an FFL. Period, end of story.

To clarify. Is the private party transfer prohibited or taking the gun back in to your home state prohibited. For example, if I am a resident of Oregon can I buy a firearm thorugh private party if I leave the firearm in Idaho when I return home to Oregon?

never mind again it looks like it is all prohibited. They need to do away with that nonsense.

 

[arakboss]

I believe this is the relevant law: 18 U.S. Code § 922 - Unlawful acts

(3)
for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
(4)
for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity;
(5)
for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
(6)
for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;
person to manufacture or import armor piercing ammunition, unless—
(A)
the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;
(B)
the manufacture of such ammunition is for the purpose of exportation; or
(C)
the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General;
manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery—
(A)
is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;
(B)
is for the purpose of exportation; or
(C)
is for the purpose of testing or experimentation and has been authorized by the Attorney General; [1]
(9)
for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.

 

[Unka-Boo]

People over complicate and over think this all the time. If the two parties reside in different states, you need an FFL to do a legal transfer. Does it suck? Yup, but has been that way since '68

 

[arakboss]

Why did the 60s produce such great cars and crap gun laws?

 

[Stomper]

Why did the 60s produce such great cars and crap gun laws?

'Cuz LBJ's "Great Society", welfare, and wanting them bubblegummers voting Democrat for the next 100 years....

 

[thorborg]

No. You'll have to pick just one in the party, and sell to them. what they do after that is their problem.

 

[GWS]

So, for my sense of clarification...
I am from Washington
I'm shooting in Idaho and the guy next to me says
"I've been looking to add a Raven .25 to complete my collection of zinc guns! I'll give you a thousand dollars for it!"
At this point, I, the Washingtonian and he, the Idahoan go to an Idaho FFL and do the deal then I get the hell out of the state with the $1000 before he comes to his senses.
Right?

 

[nwslopoke]

People over complicate and over think this all the time. If the two parties reside in different states, you need an FFL to do a legal transfer. Does it suck? Yup, but has been that way since '68

Does Chicago know this?

 

[edzz]

So, for my sense of clarification...
I am from Washington
I'm shooting in Idaho and the guy next to me says
"I've been looking to add a Raven .25 to complete my collection of zinc guns! I'll give you a thousand dollars for it!"
At this point, I, the Washingtonian and he, the Idahoan go to an Idaho FFL and do the deal then I get the hell out of the state with the $1000 before he comes to his senses.
Right?

Correct.

Please realize however that the FFL may report the buyer to state mental health department. Come on $1000 for a Raven .25 that's definitely nuts.

 

[fredridge]

A follow up question so I understand correctly.

As a Wa resident I can sell a handgun to an Or resident if I drive to Or and due the transfer at an FFL in Or, correct? and vice versa?

 

[OregonArmsAmmo]

A follow up question so I understand correctly.

As a Wa resident I can sell a handgun to an Or resident if I drive to Or and due the transfer at an FFL in Or, correct? and vice versa?

That is correct, for a Handgun you must go through an FFL in the buyers state.

 

[User 1234]

That's why it is useful to hold a C&R FFL. I can go to most states (whose state laws don't prohibit it) and pay cash for a C&R gun, log it into my book, and be on my way. And Washington's I594 has an exception for C&R FFLs who are buying curio or relic firearms. For modern guns this is of course unhelpful.

 

[mikemenzie]

That is correct, for a Handgun you must go through an FFL in the buyers state.

Outside of C&R eligible firearms which @User 1234 mentions helpfully, handguns AND long guns must be processed through FFL in the buyer's home state if being purchased from an out of state seller.

Idaho can purchase private party without BGC, but Oregon, Washington and California cannot. When purchasing as an out of state buyer, you must follows all laws as if you were in your home state. When selling as an out of state seller, you must process through FFL in the buyer's state, per federal law as mentioned above, with few exceptions for family transfers.

Do folks sell across state lines to avoid BGCs? Yes. Is it legal? no. Will you be arrested? Possibly not, because LE may not know. Should you test it? Heck no.
Gotta ask yourself if it's worth the possibility of legal consequences to avoid the BGC process and fees at an FFL.

-Mike

 

[User 1234]

That's all true. Especially when considering that even non violent felony convictions make it illegal to own or possess a firearm.

 

[Lilhigbee]

AND long guns must be processed through FFL in the buyer's home state if being purchased from an out of state seller.

Not true!! Long guns can go through an FFL in the seller's state. eg Washington resident buys Oregon residents's rifle at Oregon FFL. Perfectly legal. Just did it two days ago. And about a month ago, and a few times last year,...