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firearms transfers between residents of different states.. legal status?

Discussion in 'Legal & Political Archive' started by tionico, Feb 2, 2009.

  1. tionico

    tionico Thurston County Well-Known Member

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    This discussion and question concerns LONG GUNS, I know the rules concerning handguns are different and I am not discussing HANDGUNS. Further, I am only referring to types of firearms legal to own in BOTH states by any citizen entitled to own "normal" firearms.

    I know absolutely I, a Washington resident not restricted from owning firearms, can physically go into Oregon and purchase a long gun from a FFL dealer, the FBI check is done, I pay for it, put it in my car and drive it back across the I-5 bridge into my home state. I've done it, more than once. Transfer of ownership takes place within the state of Oregon, now it is my property I am free to transport it anywhere.

    I also know I can attend the gun show at Expo, purchase a long gun on the floor, go to one of the FFL dealers, have the BGcheck, pay for it, and take it home. Again, ownership transfers within the state of Oregon, I am, as above, free to transport MY property anywhere.

    I know, in addition, that an OREGON resident is free to purchase, face to face, from a private party, a long gun from another Oregon resident while within the state of Oregon.


    Further, if a dealer or a private party in Oregon sells a long gun to a resident of Washington and SHIPS that weapon across into Washington, the sale MUST be completed through a FFL dealer. NOTE WELL--- this type of sale actually takes place across the state line, transfer of ownership does NOT take place within one state, but rather interstate.


    MY QUESTION.. can I, as a Washington resident, travel into Oregon and purchase, face to face from a private party, a long gun and then legally transport the property that is now mine back into Washington, and do this legally? If not, why not, and who breaks the law? Me, for being so nasty and rebellious as to boldly transport MY property, just acquired, from Oregon into Washington, or the seller, for knowingly (or negligently unknowingly) selling such a treacherous item to a non-Oregon resident. or both?

    Further, can the seller, an Oregon resident and private party, physically transport that long gun into Washington to deliver it to a FFL dealer who will then do the paperwork for a legal transfer? If so, how does THAT interstate transport differ from my buying it south of the river and bringing it into Washington as my property?

    Can a Washington located FFL dealer cross into Oregon to pick up a firearm for the purpose of transporting it into Washington for a prearranged transfer to a Washington resident? Again, the change of ownership does take place across state lines.

    I am not looking for hearsay, club rules, opinions (not even a lawyer's free legal opinion). I am looking for someone who can direct me to the source, by which I mean I am wanting the specific section, code number, CFR, congressional act, at the Federal level, that governs this.

    Or did Oregon, when they heroically "closed the loophole" requiring gun show attendees to register all transactions done at these shows, also put in some regulation restricting face to face sales between Oregon residents, or between Oregon and non-Oregon residents? If so, then we are dealing with state regulations, and not at the federal level. Again, specific citation of written law is wanted.

    I have heard various opinions and stories.. I want to know, for certain, once and for all. And I believe it would do the members of this forum a great service to have this removed from the realm of heresay, opinion, speculation, and down to a hard and fast letter of the law.

    anyone knowing more about this than I do? anyone knowing how, and willing, to dig this out?

    long winded, I know, but hey, this is a complex and serious situation. If one steps afoul of the letter of the law, one could spend time in the local Greybar Hotel, and forever be prohibited from owning any firearm, possessing a concealed carry permit, or seeing one's firstborn son ever again.... I am wanting to get this right........
     
  2. Unka-Boo

    Unka-Boo Milwaukie Active Member

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    Short winded response:

    Face to face sales between individuals: No, have to be from same state.

    Buying a long gun from an FFL? no problem. Pistol? no can do.

    I'm sure someone else will take the time to write a whole mess of words with nice links and stuff.......:D
     
  3. elcid11

    elcid11 Beaverton New Member

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    Boo is spot on!!!!


    This is all correct.


    NO FTF over state lines ever, no matter what, don't collect 200 dollars.
     
  4. madcratebuilder

    madcratebuilder Ardenwald, OR Well-Known Member

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    I was told by local LEO that I could buy a long gun from a private person in a contiguous state, ie CA, ID, NV or WA. I could receive in this state or transport onto this state said long gun. He quoted some OR Statute. I'll ask him next time i see him for the statute #.
     
  5. Sawdust

    Sawdust Bull Mountain(Tigard), OR Gold Supporter Gold Supporter

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    CA Does not allow FTF tranfers of ANY weapons. So even if OR allows you bring the weapon back you still would have commited a felony in CA. In CA ALL sales must go through a FFL, no exceptions. As for the other states, I couldn't say.
     
  6. tionico

    tionico Thurston County Well-Known Member

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    I do know that California residents can NOT purchase firearms either privately or over the counter from any other state. Must be shipped in and done through a FFL dealer. But that is part of the price of living in the Great Republic of California. Wonder if there are enough left in the state who value their second ammendment rights to stand up and overthrow this nonsense. My original example is between WA and OR residents.... and I've still not seen the underlying statutes relating to this... again, speculation, heresay, opinion, won't cut it in a court of law... or at the side of the road when the blue blinking lights are blasting away. Still hoping SOMEONE can come up with substantial support for the position, whatever that is.
     
  7. Unka-Boo

    Unka-Boo Milwaukie Active Member

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  8. tionico

    tionico Thurston County Well-Known Member

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    well, here is the final word (until this draconian law is thrown out somehow.... don't bate yer breath for long on that one), cut and pasted from the source cited:

    (3) for any person other than a licensed
    importer, licensed manufacturer,
    licensed dealer, or licensed
    collector to transport into or receive in
    the State where he resides (or if the
    person is a corporation or other business
    entity, the State where it maintains
    a place of business) any firearm purchased
    or otherwise obtained by such
    person outside that State, except that
    this paragraph (A) shall not preclude
    any person who lawfully acquires a
    firearm by bequest or intestate succession
    in a State other than his State of
    residence from transporting the firearm
    into or receiving it in that State, if it is
    lawful for such person to purchase or
    possess such firearm in that State, (B)
    shall not apply to the transportation or
    receipt of a firearm obtained in conformity
    with subsection (b)(3) of this section,
    and (C) shall not apply to the
    transportation of any firearm acquired in
    any State prior to the effective date of
    this chapter;

    the exceptionn mentioned in subsection b(3) of this section (next page in the document) specifically exempts from this prohibition the sale by a FFL dealer of a sale to an out of state resident, face to face AT the place of business of the FFLD, LONG GUNS only (NO PISTOLS) as long as the sale/possession is legal in both the state of location of the FFLD and the out of state resident purchaser. Thus, a California resident may NOT purchase any firearm from any other state... it MUST be sent to an in-state FFLD for direct sale and transfer to the Californian still silly enough to live there.

    SO-- my question, with all specifics, is herewith answered..... conclusion: FtF intrastate of non-licensed entities is contra this federal law. Now I know......

    thanks so much for all the input.... and in particular the specifics provided by Unka-Boo
    So, if I'm nervous about them blue blinkin lights, I know precisely on what ground I stand. Stupid feds, what have they got such a burr under their saddle blankets all about, eh? Maybe on that million armed man march, one of our petitions should be to throw off most of these stupid restrictions. Talk about an unconstitutional restriction on interstate commerce........
     
  9. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    This was once true but the law has changed.
     
  10. tionico

    tionico Thurston County Well-Known Member

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    Oregon may have considered this legal, may even yet. BUT--- the prattlings recorded in the Federal Register trump anything any state can consider legal/illegal. So, the 1968 Federal Gun Control Law trumps Oregon's more reasonable statutes.
     
  11. brandnew

    brandnew PNW Member

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    The answers to your query are spelled out in the document below. You should read at least the top half of this document and then bookmark it for future use.

    http://www.atf.gov/firearms/faq/faq2.htm
     
  12. tionico

    tionico Thurston County Well-Known Member

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    I converted it to a PDF and saved it to my arms file...... dismal news, indeed. Whatever happened to the Constitution? Did I fall asleep somewhere back a while?