Firearms Laws and Questions

[chainsaw]

I traded a pistol to a friend for a rifle and cash,He has a licence and needs a copy of my driver licence,but did not ask for a back ground check.What does he need a copy of my licence for?

 

[ZachS]

I traded a pistol to a friend for a rifle and cash,He has a licence and needs a copy of my driver licence,but did not ask for a back ground check.What does he need a copy of my licence for?

Your friend doesn't need a copy of your license, but may think he does in order to cover his *** if a subsequent purchaser down the road uses the pistol to commit a crime and it gets traced to him.

 

[MikeSettles]

I traded a pistol to a friend for a rifle and cash,He has a licence and needs a copy of my driver licence,but did not ask for a back ground check.What does he need a copy of my licence for?

Would not a Bill of Sale, including his name, address, make/model/serial number of the firearm, date of sale cover you for liability if the weapon was used later in a crime?

A firearm recovered at a crime scene can only be traced by BATFE to the last FFL who handled it and the person who obtained it from them. Even the ATF boys aren't stupid enough to believe that the last registered owner is automatically prime suspect merely because they purchased the gun from a licensed arms dealer. (Maybe)

 

[tionico]

He doesn't need a COPY of your DL.... if he is FFL, and ran the sale from his business and not his private collection, he needs to verify your ID bu VIEWING your DL, passport, something else with photo, government issued, and shows residence address. If he sold it you from his private collection, he needs nothing. His statement he sold the weapon is all he needs. It does help if he can tell them to whom he sold it.... that's pretty good proof of innocence.

Actually, all the law can do is find out which FFL originally sold the weapon new.... manufacturer holds the info as to which dealer they shipped it to. That FFL either has it in inventory (it could have been stolen from the business, then ther'es taht record) or has to produce the paperwork documenting the sale... HIS copy of the NCIS form.

Once it's gone from his hands and can't be located, they really don't have a way of even finding out who the last FFL was.... if it goes from first FFL to a private sale, the chain is lost... new private owner might sell it on gunbroker, how does ATF figure out which dealer handled the transfer? There is no way to do that... no database. No record of the BG check through the FBI....

so, there is NO situation where he NEEDS your DL.... beyond examing it to assure it's YOU, and verify your residence address, age, etc. for the BG check. No requirement for him to retain a copy.

 

[deen_ad]

However, I happen to know that Keith's have a good close relationship with some FFL Dealer on the north side the River, and can, for either free or a very small fee, deliver the gun to them for transfer. If you BUY it in Oregon, no sales tax is due. But, you can't take possession of it without it being transferred into your possession by a WASHINGTON FFL dealer. He should NOT charge sales tax, as he never sold you the gun. He should only charge you his fee for the service of the transfer..... and that is a professional service, thus not taxable. (so say the Department of Revenue here in Washington).


THIS IS RIDICULOUS. Not only that, it does not deter crime in the slightest.

But the WA DOR has determined that a WA FFL doing a transfer MUST collect the sales tax on either the actual price or the value as determined by them on a transferred gun
There is a page dated over two years ago that sets forth the rules.
Here it is: <broken link removed>

The "Trade Rating" is low by 3
Not everyone posts it I guess.

Deen
NRA Benefactor/Recruiter
WAC member
SWWAC member

 

[pokerace]

alert alert
I had a computer melt down after visit open carry forum.!!!!!

took awhile to recover.

 

[Ghost_2.0]

is it legal to purchase a handgun from a private party sale FTF in oregon even though you're over 18 but under 21? ownership age is 18, need to clarify on this.

 

[Kimber Custom]

Yes, 166.250 Unlawful possession of firearms (A) Is under 18 years of age;

You cannot purchase from a FFL so it must be an in state private party sale, but yes, the transaction is legal.

 

[deen_ad]

no trouble at all.... IF you have the information duly recorded as given. The law provides that you can't sell to someone when you have knowledge, or reaasonable cause to believe, they are somehow not legally qualified to own/possess the given weapon. So, if HE gives you false info, and you've no reason to suspect its false, you have committed no crime. THEY did for providing false info, AND for buying when they were legally barred from ownership. YOU are innocent, though, as you did not have knowledge of his prohibited status.... nor any hint that he IS prohibited.

Now, if he shows up at your residence in Washington, claims to be a Washington resident, but shows you an Oregon driving license and is driving a car with Oregon number plates.... you've just gotten some "reasonable grounds" to believe he is not, in fact, a Washingotn state resident, and thus not eligible to buy, nor you to sell, to him.

that is now doing time for selling a handgun to an illegal alien that produced a Texas drivers license, then gave the handgun to a friend.
The seller was convicted of doing a straw sale to an illegal alien, the seller is in jail, the illegal aliens are still walking around free in the US. They were never charged or even deported

Deen
NRA Benefactor/Recruiter
WAC Member
SWWAC Member

 

[deen_ad]

it ain't right, but it's so. Yes, Uncle Stupid hath so declared. Thanks, Brady Brats.

However, I happen to know that Keith's have a good close relationship with some FFL Dealer on the north side the River, and can, for either free or a very small fee, deliver the gun to them for transfer. If you BUY it in Oregon, no sales tax is due. But, you can't take possession of it without it being transferred into your possession by a WASHINGTON FFL dealer. He should NOT charge sales tax, as he never sold you the gun. He should only charge you his fee for the service of the transfer..... and that is a professional service, thus not taxable. (so say the Department of Revenue here in Washington).

Same with buying a handgun from a private party. You can arrange the deal, to look at it, pay for it... but not take delivery. Have HIM drive it across the river to a FFL on the Vancouver side.... having arranged for this service beforehand.

According to the DOR website the WA FFL is supposed to collect the use tax (not sales tax) since the firearm will be in WA. Everything purchased out of state is supposed to have the use tax applied to it. Some FFL's collect the use tax (Brightwater did) and others don't.
Brightwater got hit big for not paying the use tax on transferred guns. Mike had to pony up a bunch of money to cover it, then had to ask people to pay him back.
Here's the link to the DOR site: <broken link removed>

 

[jonnypopr]

With all the talk about transfering handguns etc to different states, what about buying "parts". If the firearm is not functional, i.e. no barrel or just the frame, it is not a firearm, by my reading of the ORS. So, if I buy, or sell, a fully assembled frame, and a fully assembled slide, ship them in different boxes, this should not constitute and firearms transfer, right? What would be the difference in buying all the parts online and assembing them at my house? Any thoughts?

 

[spengo]

With all the talk about transfering handguns etc to different states, what about buying "parts". If the firearm is not functional, i.e. no barrel or just the frame, it is not a firearm, by my reading of the ORS. So, if I buy, or sell, a fully assembled frame, and a fully assembled slide, ship them in different boxes, this should not constitute and firearms transfer, right? What would be the difference in buying all the parts online and assembing them at my house? Any thoughts?

The frame is what is registered as a handgun, correct? It is considered a handgun whether or not the rest of the gun is assembled in a similar manner to AR-15 lower receivers being considered a rifle even if they have no LPK installed or upper attached.

Now if you get something like an 80% frame/receiver and do the rest of the work yourself in your own machine shop that is a different matter.

 

[MookNW]

I got an offer for one of my listings from a guy who's 19. I read in the RCW that someone under 21 can have a handgun under certain circumstances, but does anyone know if it's ok on my end to sell it in a private transaction? I'd like to send out a private disposition/transfer at point of sale. Thanks.

 

[jordanka16]

The frame is what is registered as a handgun, correct? It is considered a handgun whether or not the rest of the gun is assembled in a similar manner to AR-15 lower receivers being considered a rifle even if they have no LPK installed or upper attached.

Now if you get something like an 80% frame/receiver and do the rest of the work yourself in your own machine shop that is a different matter.

Correct, the frame is the part that is a firearm, every other part can be shipped normally, but the frame must be shipped to an FFL.

The part that is a firearm varies among guns as well, on ARs, the lower is the "firearm", on FALs, the upper is the "firearm".

 

[Kimber Custom]

I got an offer for one of my listings from a guy who's 19. I read in the RCW that someone under 21 can have a handgun under certain circumstances, but does anyone know if it's ok on my end to sell it in a private transaction? I'd like to send out a private disposition/transfer at point of sale. Thanks.

Yes, in state, private party must be 18 or older. You only have to be 21 if you are using an FFL.

RCW 9.41.040
Unlawful possession of firearms &#8212; Ownership, possession by certain persons &#8212; Penalties.

(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter.

(b) Unlawful possession of a firearm in the first degree is a class B felony punishable according to chapter 9A.20 RCW.

(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:

(i) After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section, or any of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);

(ii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047;

(iii) If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or

(iv) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense as defined in RCW 9.41.010.

(b) Unlawful possession of a firearm in the second degree is a class C felony punishable according to chapter 9A.20 RCW.

 

[CJ49er]

Where does one locate guns laws for specific counties?

My current question (well, my sisters actually)
She wants to shoot some pesky squirrels in her backyard, she does not live inside the city limits (Washington county)

I will remind her that she must eat what she kills

 

[Dwayne Huffman]

Just a question ,20 years ago i got a driving suspended ticket , well the 3rd one was a felony, hard to believe !!!! is there anyway a person can conceal well i mean anyway to get relief from that?? Been a responsible citizen for decades!!

 

[tionico]

Just a question ,20 years ago i got a driving suspended ticket , well the 3rd one was a felony, hard to believe !!!! is there anyway a person can conceal well i mean anyway to get relief from that?? Been a responsible citizen for decades!!

two optons.... approach the court of jurisdiction on the felony rap, and petitioin them to clear your record, since you've been a good boy ever since, they helped you to wise up and become a good citizen. If they say OK, then fine..... problem solved.

A bit more risky, but maybe worth trying.... buy a long gun from a FFL dealer, and see how the background check goes. If they give a Proceed code, then fine.. maybe this thing is so old its no longer in the system. Maybe then apply for your CWP and see if THEY find it. If they do, the offense debarring you the use of arms should be listed in their response... giving you the opportunity to try and get the court of jurisdiction to expunge your record. If they refuse, playing hard ball, maybe try and approach the governor of your state, and petition HIM to grant your request by "pardoning" your offense,, now you've paid your "dues" to society.

For sucn an offense, I should think the court of jurisdiction would be able to clear your record, since you've paid your "dues" to society and have kept your nose clean since then.....
I have a personal issue with the number of "offenses" listed as felonies that debar an individual the use of arms..... driving whilst suspended? Come ON.. how does THAT relate to a person's right to exercies their rights under the Second Ammendment? That one is a REAL stretch. In my county, it is a FELONY for anyone to shoot a cat.. even a feral nuisance cat. (musta been a real cat lover on the Board of Stupidvisors when THAT one got passed.....).
That is NOT the type of offense that could by any stretch of anyone's perverteed imagination debar anyone the use of arms. If anything, he should be commended ridding the biosphere of a nuisance pest. Not much different than swatting a fly, or squirting poison on a yellowjacket nest.

 

[AWS44]

Quick question!

A costumer of mine was telling me today that a wash. co. officer told her that the Utah CWP is not good in Or.? If thats the case than why can i go and get one here in Or.?

Thanks!

 

[Nwcid]

Quick question!

A costumer of mine was telling me today that a wash. co. officer told her that the Utah CWP is not good in Or.? If thats the case than why can i go and get one here in Or.?

Thanks!

The info is correct. OR ONLY accepts its permits. Only boarding states can get an OR permit.

Oregon Concealed Carry Permit Information


It is legal for anyone to OPEN carry in OR.