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Firearms Laws and Questions.

Discussion in 'Legal & Political Archive' started by PhysicsGuy, May 11, 2009.

  1. PhysicsGuy

    PhysicsGuy Corvallis, OR Resident Science Nut

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    Here is a place to inform other users of important laws and regulations regarding firearms in our area, also it is a place to ask questions to others.

    Please if you are going to state if something is legal or not, quote the exact law/statute/code on here, and cite a reference
     
  2. PhysicsGuy

    PhysicsGuy Corvallis, OR Resident Science Nut

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    Since this was recently discussed in another thread. face to face (FTF) or private firearm transactions between states is prohibited by federal law.

    This is prohibited by Title 27 § 178.29 and § 178.30 of the code of federal regulations


    http://edocket.access.gpo.gov/cfr_2002/aprqtr/pdf/27cfr178.31.pdf
     
  3. treemanx

    treemanx Spray, Or. Active Member

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    Thanks Physicsguy, its good to have a place to send noobies that dont know about these laws.
     
  4. nwwoodsman

    nwwoodsman Vernonia Bronze Supporter Bronze Supporter 2015 Volunteer

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    So about buying a gun from a guy out of state? Here's the situation.What if a guy, with complete ignorance of this law, from Oregon buys a hunting rifle in Oregon from a guy who brings it over from Vancouver. Say this guy sticks the rifle in his closet for a few months and then reads about this law prohibiting ftf sales from out of state. Should the guy turn the rifle in and risk getting arrested, burn all reciepts and bury the rifle in the ocean, or just hold onto it thinking nothing will ever come of it? :huh:
     
  5. treemanx

    treemanx Spray, Or. Active Member

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    I would probably take the gun to an FFL and have the gun transfered into my name. Should be as simple as that. If there is any question by the FFL at the time of transfer, just be honest and say that you thought you were making a legal transaction, but you found out later that it was an issue, and you wanted to get it straightened out. There shouldnt be any problem with that, and you will be covering your butt from any later possible questions or issues.
     
  6. wichaka

    wichaka Wa State Well-Known Member

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    One of Murphys more obscure laws...........No good deed goes unpunished.

    Chalk it up to lack of knowledge, and move on with life.
     
  7. PropellerHead

    PropellerHead Gresham, OR New Member

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    Can anyone tell me what is involved in a C&R transfer, and if a 1965 Makarov would qualify for such a transfer?

    Thanks in advance!

    Mike
     
  8. pdxjohann

    pdxjohann Portland near Tigard Member

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    Prop Hed, ATF.gov has a list - nasty obfuscated by factual detail list - but a list.
     
  9. jdub

    jdub Springfield Member

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    So according to what I read above my own family (i.e. grandfather) can't give me or say leave to me his hunting rifles or any other firearm?? All because he does not live in the same state??? I am blown away by that!! :angry: Actually a little peeved.. :complain: But such as life I suppose.
     
    pdxgunner and (deleted member) like this.
  10. PhysicsGuy

    PhysicsGuy Corvallis, OR Resident Science Nut

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    There is an exception for inheritance;

     
  11. jdub

    jdub Springfield Member

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    Yes however should he decide to give them to me while he is alive, he (giving) and therefore I (receiving the item), would be breaking the law. I just think that is crazy. But apparently its the world we live in.
     
  12. PhysicsGuy

    PhysicsGuy Corvallis, OR Resident Science Nut

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    "bequest" is considered giving, so it could be "bequeathed" to him from a living relative.
     
  13. CEF1959

    CEF1959 Willamette Valley, Oregon New Member

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    I disagree. A bequest is a gift by operation of a will. A gift from a living relative would just be a regular gift, and the statutes you quoted explicitly ban interstate transfers by ordinary gift. So if grandpa leaves it to you in his will, it can be transfered across state lines, but he can't give it to you across state lines while he's still alive. I think the statute quoted makes that distinction pretty clear.
     
  14. PhysicsGuy

    PhysicsGuy Corvallis, OR Resident Science Nut

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    you're correct, I had my definition of bequeathing off in my mind. I was thinking of something different. (living trust/will)


    Anyways, a living relative can give you a firearm from out of state through legal means using a license holder. (and following local laws)
     
  15. CEF1959

    CEF1959 Willamette Valley, Oregon New Member

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    Good point. I should have been clearer. Going through an FFL works for gifts.
     
  16. Bark

    Bark Oregon Member

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    What if the person you want to buy from is in the military and "stationed" in your state (Oregon) but lives ..say in Washington. I have been told that this is legal but have not been able to verify it. I want to be darn sure it's OK before I make the purchase.
     
  17. CEF1959

    CEF1959 Willamette Valley, Oregon New Member

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    What do you mean he is "stationed" in Oregon but "lives" in another state? Where does he sleep at night?

    The tricky thing is that there are all kinds of special rules for service personnel.

    If you really want to make darn sure it's OK, going through a local FFL would be a sound $35 investment.
     
  18. Bark

    Bark Oregon Member

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    In my last PM I asked him questions about where he is and if he has Oregon ID, also offered to do a ffl transfer, he has not responded so I guess he is not interested......... Thanks for your input CEF.
     
  19. Artilleryman

    Artilleryman Originally from the central midwest but have reloc Active Member

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    Military personnel typically retain legal residency in their home states, but are frequently stationed in other states. It is common to refer to your home of record as where you "live", even if you are stationed elsewhere.
     
  20. tionico

    tionico Thurston County Well-Known Member

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    If a military person has duty orders he is considered a resident of the place where he is stationed for the purpose of firearms transactions. IN other words, if he is stationed, and has written duty orders, in Oregon he is an Oregon resident for purpose of firearms laws. He sleeps in Oregon most nights. Therefore, he can sell a gun FtF to another Oregon resident.

    How can I be certain of this? I was at Cabelas last week when a soldier from Texas was buying a handgun. One must prove residency in Washington to buy a handgun in Washington. (he was getting an FNH pistol... nice work!!) Since his driving license is from Texas, he had to go back and get a copy of his duty orders to Ft. Lewis to prove residency. Once he did that, the sale could proceed.

    Now, I think THAT is nuts... anyone IN the military should be able to purchase any firearm anywhere in the nation, or overseas even, and own it, bring it back to his original state of residence (where his family live, most cases). WHY cannot a man charged with the defense of this nation not purchase a firearm at will? THIS is insane!!!
     
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