Cross border OR/WA FTF gun sales discussion

[stmcelroy]

I would like to get some opinions, I have a Pistol that I want to trade to a WA Resident for his rifle, I am in oregon, Can we meet in the middle at a FFL, Do the paper work on both sides, Exchange guns, Drive home and enjoy! Sounds legit, Sounds Simple, Sounds like a Small savings on shipping and Time, Thanks for your Opinions, Also can COCKTAILER Help us out, Seems like he does deals in OR And WA.

The handgun will need to go through a Washington dealer. A rifle can be transfered in either state.

 

[CommandoJoe]

So can an Oregon resident purchase a fully assembled AR lower w/buttstock from a WA FFL? how about a stripped lower? Or does it have to be mated to an upper to become classified as a rifle?

Thanks

 

[stmcelroy]

So can an Oregon resident purchase a fully assembled AR lower w/buttstock from a WA FFL? how about a stripped lower? Or does it have to be mated to an upper to become classified as a rifle?

Thanks

Fully assembled AR lower is a "rifle" so it can be bought from a WA FFL.

Stripped receiver must be bought or transferred through a FFL in your state of residence.

 

[jkoehn]

Time to dig up an old one!

Did some reading, saw some common knowledge, some more logical guesses, and a few things that didn't make any sense at all, and this is where I am at.

Rule of thumb: If their license matches my license matches the ground we stand on, the residencies are in agreement.

Curveball: I was born and raised in OR, and thats where I call 'home'. Joined the Army from OR, therefor I pay taxes to OR, and making it my HOR(home of record). I am currently stationed and residing in WA, and also currently have a WA drivers license(had to get motorcycle added). I Know I can buy firearms here because I have a WA license, and a WA CPL. I Know I can get a CPL(CHL?) in OR because that is where I filed my taxes last(and always) and therefor qualify as a resident.

Question: Can I legally buy firearms in OR without a FFL transfer? Talking FTF and FFL sales of pistols/long guns/receivers.


I am 21+, a non-felon, law abiding, red blooded American citizen that is not restricted from owning regular guns and such.

Finally, I think this is a text-book case of dual residency. Input is appreciated in advance.

 

[G1GRANDEUR]

Front what I know:

No, you CAN NOT buy a hand guns in OR without FFL transfer.

Yes, you CAN buy long guns in OR without FFL transfer.

It doesn't matter where you lived or how long. What matter is where you live right now (your current license/living location).

Yes, you can get WA CPL since you have WA drivers license. If you don't have a Washington State driver license or ID card, you must provide proof you have lived in the state for at least the last 90 days.

If you are applying for OR one, you will be apply as out of state resident.

 

[billyinfinity]

I may be wrong but I do not believe you can. You do not reside in Oregon, your residency is in Wa. You pay taxes in OR because as the military defines it, you work in OR as that was your state of record when enlisting. If you lived in Vancouver and worked in Portland you would pay income taxes for OR and Multnomah County just the same. Simply paying taxes to a state and having a CHL does not qualify for residency. I would, however, consult a lawyer were I you before making any purchases. This is just my opinion and/or educated guesswork

 

[jkoehn]

Maybe I am overlooking something. This is from the Washington County CHL FAQ page, found at the following link:

A. You may apply for a Washington County-issued Oregon concealed handgun license by meeting the residency requirements as stated in ORS 166.291(9):

• Possess a Current Oregon driver's license showing a residence in the county.

• Be registered to vote in Washington County and have a precinct memorandum card showing a residence address in the county.

• Provide documentation that you currently own or lease real property in the county.

• Provide documentation that you filed an Oregon tax return for the most recent tax year with a residence address in the county.


http://www.co.washington.or.us/Sheriff/OtherServices/ConcealedHandguns/faq.cfm

Maybe this is only a Washington County thing. Appreciate the input so far, and feel free to correct me in my new 'forum ways' as I am still fresh to NWFA.

 

[jkoehn]

Skang, do you know about stripped receivers? Whether OR considers them handgun/long gun?

 

[telero]

Skang, do you know about stripped receivers? Whether OR considers them handgun/long gun?

I don't think it matters what OR considers a stripped receiver to be...it matters what it is federally, since we're talking about federal interstate gun laws. A stripped receiver (or even a built lower receiver without an upper) is considered a firearm (other, frame, receiver), not a handgun or long gun.

 

[jkoehn]

Telero, thanks for the correction. What I am getting at is whether a stripped AR receiver is considered a hand gun(Not OK for a WA resident to purchase in OR) or a long gun(which it Is ok for a WA resident to purchase in OR).

 

[telero]

It's neither a handgun or long gun... But the way to think of it is whether or not it's a long gun. Only long guns can be purchased across state lines as long as it's from an FFL.

 

[cwegga]

Telero, thanks for the correction. What I am getting at is whether a stripped AR receiver is considered a hand gun(Not OK for a WA resident to purchase in OR) or a long gun(which it Is ok for a WA resident to purchase in OR).

I think technically to legally buy a stripped lower as a rifle it would have to have been assembled first as a rifle. I believe the ATF considers it a rifle forever if it is first built as a rifle. If it has never been either I don't think it can count as a rifle. If it was built as a pistol first then it would be transferred as a pistol.

 

[telero]

A stripped lower, whether previously assembled as a rifle or pistol, would still transfer as an other on a form 4473. It's the configuration that it is sold in that matters. It would still only be able to be sold intrastate without a dealer to someone at least 18 years old, and would require a dealer for interstate transfer and the buyer would have to be at least 21.

If a virgin lower was assembled as a rifle first or if a factory rifle was stripped down to be a lower, then transferred, it would still have to follow the transfer rules of an other (frame/receiver). It could then be reassembled into a rifle, but not a pistol.

If a virgin lower was assembled as a pistol first, was a factory pistol, or was a pistol that was made into rifle, it could still be stripped down to be just a lower. It would also be transferred as an other (frame/receiver), but could then be reassembled as either a pistol or rifle (and could go back and forth at will).

 

[pokerace]

Screw the GOV.

 

[The Heretic]

Yeah, the rules/laws are stupid and silly, but they are what they are and you better follow them - it isn't worth going to court and then prison for.

 

[Mark W.]

If Oregon is your Home of Record (you pay taxes here then it is) and your stationed in WA in the Military you can buy in both states. My son who just left the US NAVY was stationed in CA. Had an Oregon Drivers license and while home on leave has bought 3 firearms. We contacted the ATF in Seattle Prior to this and they assured us that active duty military who were residents of their home state could buy in the home state as well as the state they were currently stationed in.

Now as to your WA drivers license working to ID you in Oregon. That might be a problem at the FFL's I would assume that you would have to have a copy of your Orders and something showing the FFL that Oregon is your Home of Record.

 

[jkoehn]

Mark, thanks for the input. Thats about what I expected, honestly. I want to find this is writing so that I can be convincing in private sales, and for when LGS's look at me funny(because this is not a common situation). I think my next step is just giving our good friends at the ATF a call, and finding what exactly to look up.

When are they going to open their own corner-store, by the way? The ATF that is...

 

[Mark W.]

The three dealers my son dealt with had no problem with the military member sale. But again he was buying in Oregon and had an Oregon drivers license at time of purchase.