Oregon Firearms transfer from family member in California

[pdxaaron]

Hi all,

First of all, new to this site. I wanted to find a place where I can get some accurate information on this subject as I am having trouble while researching the laws.

To explain the situation, I have a close family member (uncle) who lives in California. He has quite a few guns.. He is currently in remission and has many drug problems, and has disappeared. All of his belongings are in a storage unit that we paid for, and gave him notice for months that we would clean it out if he did not retrieve his belongings. Long story short, I will be taking possession of his guns until he proves that he is sober and ready to return to normal life.

My question is how this is done. There seems to be a lot of conflicting laws between California and Oregon due to California's strict gun laws. I will not technically be owning these firearms, but will be keeping them in my safe for the time being. Is it legal to transport these firearms across state lines? Do I need special permissions? The main problem is that my uncle is unable to sign any documents or show up for any reason to allow the transportation of these guns.

Another small problem is the transportation of these on a plane. I know you have to have a hard case with locks, but will there be problems if I have multiple (5 or 6) guns in one or two cases in the airport?

Thanks for the help, any advice is appreciated.

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[slimmer13]

With his consent, you could have a CA FFL ship to a OR FFL to comply with federal interstate laws. Not sure of the legalities or how it can be done absent his consent.

 

[pdxaaron]

With his consent, you could have a CA FFL ship to a OR FFL to comply with federal interstate laws. Not sure of the legalities or how it can be done absent his consent.

That was my initial thought, but he has disappeared off the face of the earth. Even if we could get in contact with him, he likely wouldn't be in a state to sign any documents or go to an FFL. We are mainly taking these because he should not have access to firearms in his current state.

 

[cigars]

What do you mean by that you are "a registered firearm owner in Oregon"? What registry are you referring to?

 

[pdxaaron]

What do you mean by that you are "a registered firearm owner in Oregon"? What registry are you referring to?

More referring to the fact that I am a firearm owner in Oregon, poor word choice on my part I apologize. Just trying to illustrate that I am the responsible party for taking care of these firearms while my uncle is indisposed.

 

[jbett98]

Tagged.

 

[UserNameInUse]

A similar situation recently came up for me. In our case it is not being required, but it is probably a good idea. I let them know that my main concern would be they may not be able to get them back when the time comes.

You just don't know what is going to happen because CA passes anti-gun laws whenever they think of another one and I am sure bringing firearms into the state is something they would love to outlaw.

That and the fact that they have caught on to the fact that each new felon means one less legal gun owner, now these laws are felonies. For me it is not worth the hassle.

BTW, I have no doubt that both OR and WA are both building unofficial registries.

 

[pdxaaron]

A similar situation recently came up for me. In our case it is not being required, but it is probably a good idea. I let them know that my main concern would be they may not be able to get them back when the time comes.

You just don't know what is going to happen because CA passes anti-gun laws whenever they think of another one and I am sure bringing firearms into the state is something they would love to outlaw.

That and the fact that they have caught on to the fact that each new felon means one less legal gun owner, now these laws are felonies. For me it is not worth the hassle.

BTW, I have no doubt that both OR and WA are both building unofficial registries.

Thanks! Thinking about it, I'm most likely going to drive down. It is worth the extra time and hassle to make sure the guns are transported safely.

 

[Enginerd]

You are asking for trouble if you are taking possession of firearms in CA without a license. Doesn't matter if you are trying to do the right thing or not and if it's more than a couple you are sure to end up on the news. Just imagine "cousin steals addict uncle's arsenal". The best move would be to contact a FFL nearby and see if he can meet you at the storage unit to take possession of the firearms then ship them to a FFL in Oregon. It won't be cheap, but it beats the hell out of a felony.

 

[notazombie]

First rule of fight club...

 

[P7M13]

See an attorney here and in CA. There is a way to do this officially and legally.
If your uncle has documented drug problems, it shouldn't be hard to take legal responsibility of the firearms without his consent.

 

[notazombie]

Agree 100%. Lawyers are probably a better source for legal advice than strangers on the internet. This is not a real common situation. Sorry you have to deal with California.

 

[jbett98]

Unless you have some sort of legal documents proving that you are the owners of those firearms, wouldn't it be grand theft plus interstate transportation of stolen property.
The Gun Control Act of 1968 frowns on these kind of shenanigans.

 

[etrain16]

Interstate transfer of firearms is a bad place to make a wrong decision. Interstate transfer of guns is federally regulated and doing this incorrectly could get you in a LOT of trouble. Laws in CA could compound that.

As noted above, contact an attorney in CA that knows gun laws and follow their advice. Doing anything else could get you in a lot of trouble.

 

[notazombie]

Just out of curiosity, how is it handled if you were to buy a storage unit at auction and there happened to be firearms inside. Kinda the same, right?

 

[uberguy]

BTW, I have no doubt that both OR and WA are both building unofficial registries.

WA has a state handgun registry, has for many years - it's available online for LEO during any stop too. Not for long guns. Ref: Form 652001
You can even request the list for yourself...
Firearms Record Certification Request

WRT the OP - consult an attorney, as was advised above.
If you were to simply drive down, take possession as commented, then be pulled over/caught in CA or OR, now - having posed this inquiry on the forum can be used to show 'intent' called mens rae in legal terms.

 

[uberguy]

When consulting a CA. attorney as was advised, you might ask about this might apply or not ...
2016 law, AB-1014
"Allowing family members who believe someone may be violent to apply for a "Gun Violence Restraining Order."
Today's Law As Amended

 

[11Charlie]

Does your uncle even know where the storage unit or his guns are?

Leave them there pay the bill keep track of said bill make him pay you back before you disclose location and guns. Keeps the cost of legal transfer down and keeps you out of HOT water.

my .02

 

[Slobray]

When consulting a CA. attorney as was advised, you might ask about this might apply or not ...
2016 law, AB-1014
"Allowing family members who believe someone may be violent to apply for a "Gun Violence Restraining Order."
Today's Law As Amended

I would avoid this at all costs, because the guns would have to be given it the police.....

(b) (1) Upon issuance of a gun violence restraining order issued pursuant to this division, the court shall order the restrained person to surrender to the local law enforcement agency all firearms and ammunition in the restrained person's custody or control, or which the restrained person possesses or owns.

and they may be lost forever and/or destroyed.

Firearms or ammunition that are not claimed are subject to the requirements of Section 34000.

34000(a) Notwithstanding any provision of law or of any local ordinance to the contrary, when any firearm is in the possession of any officer of the state, or of a county, city, or city and county, or of any campus of the University of California or the California State University, and the firearm is an exhibit filed in any criminal action or proceeding which is no longer needed or is unclaimed or abandoned property, which has been in the possession of the officer for at least 180 days, the firearm shall be sold, or destroyed, as provided for in Sections 18000 and 18005.

Ray

 

[Slobray]

Does your uncle even know where the storage unit or his guns are?

Leave them there pay the bill keep track of said bill make him pay you back before you disclose location and guns. Keeps the cost of legal transfer down and keeps you out of HOT water.

my .02

Just thinking........... if Uncle doesn't have access to the unit and/or the guns.......... (I don't know for sure and maybe totally off base here), but I think that technically @pdxaaron and/or who does have access (who's name is on the lease, who all has keys, etc.), already has possession and may have conducted an illegal transfer. Unless, possibly the guns are locked in a safe that only Uncle has access to.


Ray