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Educate me on private sales at PDX gunshows...
- Thread Starter mpperales
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What would be illegal about it?
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Sale was initiated at the gun show and the parking lot is part of the property.
166.433 Findings regarding transfers of firearms. The people of this state find that:
(1) The laws of Oregon regulating the sale of firearms contain a loophole that allows people other than gun dealers to sell firearms at gun shows without first conducting criminal background checks;
(2) It is necessary for the safety of the people of Oregon that any person who transfers a firearm at a gun show be required to request a criminal background check before completing the transfer of the firearm; and
(3) It is in the best interests of the people of Oregon that any person who transfers a firearm at any location other than a gun show be allowed to voluntarily request a criminal background check before completing the transfer of the firearm. [2001 c.1 §1]
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The part you guy seem to have left out for the OP is the fact that all gun sales at OR gun shows have to go though an FFL. I do not know the law or phrasing so I did not post earlier. Figured that would be the first thing a person posted...............
It's a gun show. All Oregon gun show laws apply to the property, including the parking lot.
If you want to avoid a background check, leave the property.
My neighbor is the Expo manager and he has told me there are a lot more cops then you realize patrolling the parking lot looking for just these types of transactions.
If you want to avoid a background check, leave the property.
My neighbor is the Expo manager and he has told me there are a lot more cops then you realize patrolling the parking lot looking for just these types of transactions.
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So WHAT are the OR show laws? OP obviously does not know them???????
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Technically, if the gun was for sale at the show and you meet later to complete the sale it must go through an FFL even if off site and later. As I understand OR law, but I could be wrong too.
Deen
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"A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"
Oregon law requires both firearms dealers and unlicensed sellers to perform background checks at gun shows before transferring any firearm.1 A "gun show" is defined as an event at which more than 25 firearms are on-site and available for transfer.2 For the laws applicable to firearms dealers, see the Oregon Dealer Regulations section.
Any person who is not a firearms dealer may not transfer a firearm at a gun show unless he or she either completes the transfer through a licensed dealer, or requests a criminal background check prior to transfer, receives notification that the person acquiring the firearm is qualified to receive the firearm, and has the recipient of the firearm complete the necessary state form, which the transferor must retain for at least five years and make available to law enforcement agencies for the purpose of criminal investigations.3 A person who organizes a gun show must post in a prominent place at the show a notice explaining these requirements, and must provide the required form to any person transferring a firearm at the gun show.4 These background check requirements will not be applied to a person who did not know, or reasonably could not know, that more than 25 firearms were at the site and available for transfer.
Any person who is not a firearms dealer may not transfer a firearm at a gun show unless he or she either completes the transfer through a licensed dealer, or requests a criminal background check prior to transfer, receives notification that the person acquiring the firearm is qualified to receive the firearm, and has the recipient of the firearm complete the necessary state form, which the transferor must retain for at least five years and make available to law enforcement agencies for the purpose of criminal investigations.3 A person who organizes a gun show must post in a prominent place at the show a notice explaining these requirements, and must provide the required form to any person transferring a firearm at the gun show.4 These background check requirements will not be applied to a person who did not know, or reasonably could not know, that more than 25 firearms were at the site and available for transfer.
Why bother trying to sell a firearm at a gun show when you can legally sell one face to face privately in Oregon.
You would more then likely get more money posting it here or on some of the other gun sites, then taking it to a gun show and getting a low ball price from a dealer.
You would more then likely get more money posting it here or on some of the other gun sites, then taking it to a gun show and getting a low ball price from a dealer.
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So does this mean that "gun buy back" programs are breaking the law if more than 25 transactions occur?
Anyone that sells a firearm, even off grounds is wise to make sure they are not selling to someone that is not allowed.
Liability is all on the seller, and common sense needs to be engaged.
Unless the buyer is a friend you know well, just call the OSP and they will do at least a quick check for you.
I have done so, and they will do it.
It is in your best interest.
How would you know you were not selling to a felon. Put common sense in play and stay out of jail, and away from lawsuits.
Good gun owners police themselves.
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But that is NOT what the law says.
Firearms - Frequently Asked Questions - Unlicensed Persons | ATF
Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
From the post above it appears to me you just gotta use ur gut feeling about the buyer or get a bc done if youre not sure.
But not all people who are legal to own a firearm have a permit. I dont have one and have never set foot in jail or been in any kind of trouble does that mean I shouldnt be allowed to buy a gun private party?
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Good post.
To put my simple description on it:
-All firearm transfers at a show must have the background check done even on private party sales.
-There is a "blue form" that is available in the show office that resembles the standard 4473 that dealers use.
-You will need to call OSP after the buyer fills out and signs the form and relay the info to the police.
-They charge $10 for this service and will accept credit cards over the phone.
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