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Class 03 FFL's and SB941: Q&A discussion

Discussion in 'Legal & Political Archive' started by tiggers97, May 6, 2015.

  1. tiggers97

    tiggers97 United States Well-Known Member

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    For those of you with Class 03 FFL's (Curio and Relics), I thought I would have a discussion on how SB941 exactly affects us. Questions I have:
    1. Does it affect receiving firearms from other FFL's in-state?
    2. Does it affect receiving firearms from out-of-state?
    3. In-state: SB941 appears to say that we are no longer a valid FFL that a law-abiding citizen can directly transfer a C&R class firearm to.
      • Does state law trump federal law with SB941?
      • How do we get a legal opinion on this? Write a letter to the state attorneys office for an opinion?
     
  2. jricker3

    jricker3 Klamath Falls, OR Active Member

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    As written SB941 does not make a crime out of receiving a gun, only selling/lending/transferring. If you order a C&R gun from out of state you have broken no laws. In theory the seller has, but whether or not Oregon can prosecute a legal entity out of state is debatable.
     
  3. Qaolin

    Qaolin 1 A.U. from a G2 near Beaverton Old Army Cook Silver Supporter

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    The C&R grants the ability to sell and receive via interstate transactions. I know most wont deal with CA due to the mag capacity restrictions and other laws they have; Oregon doesn't have those laws...yet. It's my contention that someone who sells a firearm determined by BATFE to be C&R is not breaking any laws since the recipient is an FFL (assuming that person has the 03 license). Still, I would like to see that codified in the statute now rather than face a legal challenge down the road.
     
    tiggers97 likes this.
  4. Tenbore

    Tenbore Salem New Member

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    As a holder of an 03FFL this concerns me too. They may never make a decision but leave it hanging in limbo.
     
  5. bolus

    bolus Portland Gold Supporter Gold Supporter 2015 Volunteer 2016 Volunteer

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  6. tiggers97

    tiggers97 United States Well-Known Member

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    Thanks for the link, bolus. That's pretty much how I think the bill will be interpreted so far as well: out-of-state from an FFL to a class 03 FFL seems to be ok. There is nothing SB941 that talks about the responsibility of the FFL dealer transferring to another FFL of any class. The private seller to an 03 FFL is about the only shutdown (an unnecessary one) that I see so far.