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I haven't waded through this whole thread but in a nutshell , selling a gun to a private individual in Oregon from an private individual requires what in the way of checks or whatever?

Thanks!

At a minimum check their ID to make sure they're OR resident and are at least 18 years of age. Some people show OR CHL, but those can also be issued to out of state residents - verify residence address on the CHL. Retain some information about who you're selling to, in case that firearm later gets traced to you. And if anything feels fishy about the buyer don't go on with the sale :)
 
I haven't waded through this whole thread but in a nutshell , selling a gun to a private individual in Oregon from an private individual requires what in the way of checks or whatever?

Thanks!

I'm a Washington resident. When we sold one of my wife's pistols to a private party, we made up two copies of a bill of sale which included on it the make, model, and serial number of the gun. Also on each copy was a signed statement by the buyer that they were not prohibited from possessing firearms.

We checked their driver's license to confirm residency, but didn't require them to put their phone or address on the BoS. We presumed that their signed statement would cover us legally against possible liability, especially since private citizens may not conduct backround/NICS checks.

I hope this helps.

Cheers!
 
I haven't waded through this whole thread but in a nutshell , selling a gun to a private individual in Oregon from an private individual requires what in the way of checks or whatever?

Thanks!

You ask what is REQUIRED.

Nothing really. You need to know they are an Oregon resident, not a prohibited person and are over 18 years old...you can ask them the questions. You can ask them the questios, and believe them or not...That is up to you. There is no REQUIREMENT that you make them prove they are what they say they are.

As for tracing a gun back to you...you just say I sold it. You do not have to tell anyone who asks, or even know who that person is/was. No one can "come back" at you for something someone else did after you no longer own the weapon.

I, personally, an very unhappy with the attitude of some on this and other gun sites...they do not want to show Law Enforcement their ID just because they have a weapon, but demand ID from another citizen if they are selling a weapon...Tlak about two faced.
 
You ask what is REQUIRED.

Nothing really. You need to know they are an Oregon resident, not a prohibited person and are over 18 years old...you can ask them the questions. You can ask them the questios, and believe them or not...That is up to you. There is no REQUIREMENT that you make them prove they are what they say they are.

As for tracing a gun back to you...you just say I sold it. You do not have to tell anyone who asks, or even know who that person is/was. No one can "come back" at you for something someone else did after you no longer own the weapon.

I, personally, an very unhappy with the attitude of some on this and other gun sites...they do not want to show Law Enforcement their ID just because they have a weapon, but demand ID from another citizen if they are selling a weapon...Tlak about two faced.

Yes, the law does not prescribe a specific requirement for such sale, but there are things like "conspiracy to commit a felony" and "criminal negligence". Reasonable person standard can be applied in such cases, and then you better hope that the 12 jurors have the same standard as you do.
 
We used a Bill of Sale with an "I'm not a prohibited person" statement purely for CYA. It was my wife on the 4473 from the FFL. If the gun was traced from a crime, it would have been our door that the LEOs would knock on. Hermannr is correct, except that you (the private party) have no way of knowing if you are selling to a prohibited person and requiring ID might deter one thus keeping you, the seller, within the law. I agree with fd15k: These are the days when (especially if a gun YOU sold wound up used by someone like Stawicky in Seattle) conviction-hungry prosecutors will go after everyone who was even anywhere near (as in "complicit with") the bad guy before he did his dastardly deed. Do you have the cash to buy an attorney offhand when the police come after you for selling the murder weapon to a mass-shooter? (Even if the sale was perfectly legal at the time.)

By the way: The press reported that Stawicky had a Washington CPL. Wa Ceasefire, Bradys, and VPC are gonna have fun with this one! :-(
 
Yes, the law does not prescribe a specific requirement for such sale, but there are things like "conspiracy to commit a felony" and "criminal negligence". Reasonable person standard can be applied in such cases, and then you better hope that the 12 jurors have the same standard as you do.

You obviously do not understand the LAW. You sell a firearm (or have one stolen from you) you are no longer liable for whatever happens with that gun afterwords...The Brady buch tried, but that does not stick.

IMHO: Trust worthy people trust others word...If I ask you if you are a prohibited person and you answer "no", 1: I will believe you and 2: That is what is REQUIRED.

Next time a LEO stops you and askes for your ID...remember what you just wrote...and give him your ID, no quibble...I don't and I won't. he, along with everyone else just has to take my word for it...especially as I normally do not carry any ID. (other than a drivers license, and it stays in the car where it is needed)
 
You obviously do not understand the LAW. You sell a firearm (or have one stolen from you) you are no longer liable for whatever happens with that gun afterwords...The Brady buch tried, but that does not stick.

Once again - reasonable person standard. 17 year old buys a handgun from you, because you haven't checked his ID. Then goes on a rampage at his high school. Next thing you know you're dragged into the case on the grounds of criminal negligence. On the stand they ask you "have you verified buyer's ID?" Then try proving you're not a goat.
 
Once again - reasonable person standard. 17 year old buys a handgun from you, because you haven't checked his ID. Then goes on a rampage at his high school. Next thing you know you're dragged into the case on the grounds of criminal negligence. On the stand they ask you "have you verified buyer's ID?" Then try proving you're not a goat.

Bingo! Then you are going to need a very large pile of cash for legal help!
My son in Texas told me about a case in the Fort Worth area where a person sold a handgun without a bill of sale and it was picked up in a shooting. They had purchased the pistol from a FFL so were recorded as the owner. SWAT kicked their door down in the a.m. and they were in jail for three days before a legal firm got them released on a very large bail. This kind of tells me paper is wise and to me it is most unwise to sell a firearm without a bill of sale... On another note it is very hard to get an felony charge taken off your record even if exonerated.
 
You obviously do not understand the LAW. You sell a firearm (or have one stolen from you) you are no longer liable for whatever happens with that gun afterwords...The Brady buch tried, but that does not stick.

IMHO: Trust worthy people trust others word...If I ask you if you are a prohibited person and you answer "no", 1: I will believe you and 2: That is what is REQUIRED.

Next time a LEO stops you and askes for your ID...remember what you just wrote...and give him your ID, no quibble...I don't and I won't. he, along with everyone else just has to take my word for it...especially as I normally do not carry any ID. (other than a drivers license, and it stays in the car where it is needed)

And YOU don't understand that it's not about understanding the law! Rather, it's about understanding the pitfalls inherant (sp) in the legal system. It's about NOT opening yourself to liability, lawful or not!

I tend to be rather idealistic myself, but at times it's smarter to be pragmatic. Ronald Reagan put it this way: "Trust, but verify!"
 
I'm going camping at Prineville Reservoir in Central Oregon, and during my time there my family wants to stop by Crater Lake and the Lava Caves (or whatever they're called). Open carry/concealed carry friendly? I know at Crater Lake there are signs prohibiting weapons inside the buildings, but the rest of the park is ok?
 
And YOU don't understand that it's not about understanding the law! Rather, it's about understanding the pitfalls inherant (sp) in the legal system. It's about NOT opening yourself to liability, lawful or not!

I tend to be rather idealistic myself, but at times it's smarter to be pragmatic. Ronald Reagan put it this way: "Trust, but verify!"

I really feel sorry for you guys and your pie in the sky "b" movie ideas. Too bad you cannot live with reality, or your own conscience. You are just like the Brady bunch and have bought into their fake hoopla, hook, line and sinker. Sorry, you are not responsible for what happens to a firearm if you sell it, or it is stolen from you...so much for your urban ledgends.

I purchased my first pistol (from a gun store) at 16. I also purchased a Rem 700 from that same store, that same year...My dad purchased my first rifle (a single shot Marlin 22) when I was 12. That 22 was my rifle, not dads, and I still have it. Yes, I turned 16 LONG before 1968.

I'm sorry, basically I trust people, (except for tall internet tales like I"m hearing here...you show me the court transcript, and I'll believe a story like that, otherwise..it's MBE). I also can often tell when someone is trying to tell a tall tale. I was in business for myself for many years. I took a lot of personal checks...in all those years I have had one person intentionally pass a bad check. I have accepted more than one bad check...but only one was intentionally bad...everyone else, when given the option of having the debt (bad check) forgiven or covering it, they covered it. Actually, most of the bad checks I received were bank errors, not customer errors. This is out of thousands of checks, over decades...OK?...most people are honest...the VAST majority.

Two presidents you do not want to quote for me, that is FDR and RR...neither were 2A friendly...at all.
 
I'm going camping at Prineville Reservoir in Central Oregon, and during my time there my family wants to stop by Crater Lake and the Lava Caves (or whatever they're called). Open carry/concealed carry friendly? I know at Crater Lake there are signs prohibiting weapons inside the buildings, but the rest of the park is ok?

Yes, you may OC, or CC with an Oregon CHL, not a problem. Bend has some unlicensed carry restrictions...you might want to read their local code if you do not have a CHL.
 
I live in OR and I'm looking to buy a pistol from a friend in WA. He claims that if I get a bill of sale that I could then take it to an FFL myself in Oregon to get the legal stuff whacked out. This sounds like how I would do for a car, but not for a handgun. Is this legit or does he need to take it to an FFL in WA for the transfer to my FFL in OR?
Another alternative: Should I be able to talk him into meeting me at the gunshow at Expo this weekend, is there a way to get it transferred to me legally there? I KNOW that you can NOT do a simple private sale there regardless of state of residence. Thanks for any help.
 
I live in OR and I'm looking to buy a pistol from a friend in WA. He claims that if I get a bill of sale that I could then take it to an FFL myself in Oregon to get the legal stuff whacked out. This sounds like how I would do for a car, but not for a handgun. Is this legit or does he need to take it to an FFL in WA for the transfer to my FFL in OR?
Another alternative: Should I be able to talk him into meeting me at the gunshow at Expo this weekend, is there a way to get it transferred to me legally there? I KNOW that you can NOT do a simple private sale there regardless of state of residence. Thanks for any help.

Good question. He doesn't need to take it to WA FFL, but the question about taking possession is very interesting. You can borrow the thing from him, but you probably can't take ownership in the described manner (firearm has to make its way to OR FFL before you take possession as owner). Id love to learn more if anybody has any info.
 
I live in OR and I'm looking to buy a pistol from a friend in WA. He claims that if I get a bill of sale that I could then take it to an FFL myself in Oregon to get the legal stuff whacked out. This sounds like how I would do for a car, but not for a handgun. Is this legit or does he need to take it to an FFL in WA for the transfer to my FFL in OR?
Another alternative: Should I be able to talk him into meeting me at the gunshow at Expo this weekend, is there a way to get it transferred to me legally there? I KNOW that you can NOT do a simple private sale there regardless of state of residence. Thanks for any help.

My understanding of the AFT regs is, your friend has to give/get it to the FFL in OR, then the FFL and transfer it to you. Your friend could take it to the EXPO gun show, your friend can give it to an FFL there, then the FFL can transfer the pistol to you.

It would not be legally possible for you to do the transaction by yourself as the WA owner must get the pistol to your FFL before you can take possession according to the ATF.

Some FFL's will only accept from another FFL, but that is their personal policy, not law.
 
My understanding of the AFT regs is, your friend has to give/get it to the FFL in OR, then the FFL and transfer it to you. Your friend could take it to the EXPO gun show, your friend can give it to an FFL there, then the FFL can transfer the pistol to you.

It would not be legally possible for you to do the transaction by yourself as the WA owner must get the pistol to your FFL before you can take possession according to the ATF.

Some FFL's will only accept from another FFL, but that is their personal policy, not law.
This is my understanding, as well.
 
Ok, thanks for the replies. Now to get real basic, what would be the process for the FFL ship/receive route? 1. I pay him and deal with bill of sale 2. He takes to FFL in WA and arranges shipping to the FFL I designate 3. I notify FFL(I was thinking A Cut Above after reading a previous thread)4. I pay FFL when the gun arrives for BC and Transfer? Is that the right order, or should I notify my FFL first?
 

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