FFL question regarding ORS166.427

[Certhit007]

Hello all,

I'm a New FFL here in Oregon with a question for other FFL holders. The "Register of Transfer of Used Firearms" form from OSP and subsequent ORS166.427 is something I'm a little unclear on.

The law seems clear enough in the whole "buying, or accepting in trade", but I just want to make sure I'm doing everything on the up&up. Do private party transfers require this form to be filled out in your experience? I've gotten confusing answers from the FICS folks on this, one guy said it isn't required but would be if the item is going to sit in my safe for more than a few minutes. But that seems to go against the "buying or taking in trade" statement of the law.

Also, what if someone has bought a firearm on something like gunbroker and it is coming from out of state where I don't have an ID "presented" to me from the previous owner, and again it isn't going into my inventory but rather right out to the person who bought it.

I am certain I am overthinking all of this but was just curious how more established FFL holders handle this form and these scenarios.

Thanks so much for helping an excited newbie to the business!

Read More

 

[Member 5605]

Federal law... no

State law says bow before us and worship our feet. (Yes)

If you receive ANYTHING from out of state you must go through FFL.

 

[RicInOR]

I'm a new home-based FFL here in Oregon with a question for other FFL holders. The "Register of Transfer of Used Firearms" form from OSP and subsequent ORS166.427 is something I'm a little unclear on.

Not for nothing, you need to have a lawyer for questions like this. Do not rely upon the internet. You are the one facing down a felon rap.

 

[KKG]

 

[justcuz]

let's clear the air:
ORS 166.427:
(1) Whenever a person engaged in the business, as defined in 18 U.S.C. 921, of selling, leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or otherwise, buys or accepts in trade, a used firearm, the person shall enter in a register the time, date and place of purchase or trade, the name of the person selling or trading the firearm, the number of the identification documentation presented by the person and the make, model and manufacturer's number of the firearm. The register shall be obtained from and furnished by the Department of State Police to the dealer on application at cost.

(2) The duplicate sheet of the register shall, on the day of purchase or trade, be hand delivered or mailed to the local law enforcement authority.

(3) Violation of this section by any person engaged in the business of selling, leasing or otherwise transferring a firearm is a Class C misdemeanor. [1989 c.839 §16; 1993 c.4 §3; 2001 c.539 §12] ORS 166.427 - Register of transfers of used firearms - 2015 Oregon Revised Statutes

Reading the OR statute, it appears the spirit and intent is to allow Law Enforcement to track firearms in the after market to assure they are not stolen or possibly used in a crime, similar to a pawn shop must notify Law Enforcement of receipt of firearms they take in as pawn.

Notice there is no mention of Felon repercussions!! (sigh)

Remember, what you might not be aware of, FFLs do not have the ability to check S/Ns of firearms on the stolen Law Enforcement NCIC database. ONLY THE LE DO!

This provided the impetus for my response not from any legal standing you believe i might possess.

Case in point, personally known first hand knowledge, young female purchased a handgun taken in as trade from the LGS, she got stopped on a Saturday night in her vehicle, rational not germane, not knowing protocols she allowed the Officer to 'remove the firearm from her for Officer SAFETY' where the Officer took the handgun and ran it through NCIC, yepper reported stolen!

Officer allegedly dragged her from her vehicle in front of her young children, cuffed her and put her in the back of the Officer's vehicle, CPS called and took the youn's and she sat in county jail since the LGS was closed till Tuesday.

LGS contacted first thing Tuesday, provided seller's documentation, Detective contacted the seller who stated: "OH I FORGOT I REPORTED IT STOLEN!" Female released w/o even a "bye your leave".

Female refused to go to agency's internal to file a complaint.

pm sent

 

[KKG]

justcuz: I for one certainly would NEVER think you were a member of the legal profeession!

 

[DAPSRT]

Personally have heard of OSP making referrals to DA's for this even though it is basically obsolete now with the advent of NICS. I would do it and save yourself the trouble.

 

[Certhit007]

Thanks all for the comments and opinions!

 

[wired]

Federal law... no

State law says bow before us and worship our feet. (Yes)

If you receive ANYTHING from out of state you must go through FFL.

You miss the part where he stated he was an FFL holder?

 

[ma96782]

Really? Remember all those guns that you claimed were "lost in a boating accident."

Well....maybe someone went magnet fishing. LOL.

Right or wrong.....it's nice to stay out of the drama.

Aloha, Mark

PS....ever consider what happens when a claimed "third owner" brings a firearm to an FFL and it is purchased by the FFL. Say that the PD runs a check. Neg-theft.

Later, it's sold to a customer.

Then six months later.......the burglary or theft is reported by the "original 1st owner".....the serial number of the said firearm is now entered into the system computer.

OMG........the Liberals are always telling us that all firearms should be registered.

So anyway.......even the PD computer check on the best of days, ain't a guarantee of nothing.

 

[Member 5605]

You miss the part where he stated he was an FFL holder?

Apparently.

 

[ma96782]

"OH I FORGOT I REPORTED IT STOLEN!

Story time: It's day light on a week day, it's a high crime area, the police officer in a marked car has activated his blue flashing lights....even bleeped his siren. The suspect's car pulls in to a supermarket parking lot stall. Instructions are spoken over speaker by the police officer who has now also maneuvered his vehicle to prevent the suspect's car from easily fleeing. OMG! The officer is doing a "felony car stop" right here in the store's crowded parking lot. Ignoring the officer's instructions....the "suspect" (lone male. ave. height and weight, age about 40-45) exits the vehicle and is walking away from the officer. The officer with drawn revolver now shouts instructions to the suspect to stop and raise his hands......

Another police car pulls up. That officer, recognizes the "suspect."

OK, Ok, ok.....the rest of the stop went without much incident. And, the first officer later learned that it was Rev. AKAKA. Yup, that Rev. AKAKA. He has opened the legislation secession with a prayer most every year.

Cutting to the chase.......the rent a car company said that they forgot to contact the Police Dept to cancel the stolen car report. Of course the LEO apologized. But, the Dept. will investigate anyway. Thanks a lot, Rent A Car Company.

Aloha, Mark

 

[Greenbug]

As an FFL with an OSP on-line FICS account you can perform a gun check for free. This will notify you if the gun you are requesting is reported stolen or not, if not it will give you a "G" number showing that you verified the firearm was not reported stolen at the time of purchase/trade. Or you can call the OSP firearms unit main line at 1-800-432-5059 to run the firearm manually over the phone to check for stolen...