FTF to a Montana Resident? FFL input needed

Stealth-X · Nov 1, 2009

Hi guys.

I have a guy that wants to buy a rifle from me. He's a Montana resident here for work for another year. Can I just walk into a dealer with him and have them do the phone and paperwork for a fee?

My local guy thought I'd have to ship it to Montana for the paperwork, but that makes no sense to me since he's not in Montana, and won't be for another year.

I guess the question is, can someone from out of state buy a gun from a dealer in Oregon? If so, then the dealer could be our middle man. If not, it looks like he's out of luck.

Thanks,
Nate

Thule · Nov 4, 2009

That should be totally fine. You're correct, it'd be just like him going into an Oregon store and buying a firearm.

The only thing that would be amiss of federal law would be if you tried to sell it to him FTF without a FFL dealer involved. It shouldn't matter where the dealer is.

Stealth-X · Nov 4, 2009

I talked to a local dealer yesterday and he had a list of states that were out-of-state friendly. Montana wasn't on his list, so he didn't think he could do the transfer. Basically, I think most FFLs just aren't sure about the law and don't want to find out or risk breaking it, so they say they can't. They might be right, or they might just be lazy

I don't blame them though. I don't wanna read law-code either.

Thanks for the response,
Nate

PlayboyPenguin · Nov 4, 2009

I had someone from Montana try to buy a pistol from me today with no ID. Something is starting to smell fishy in PDX.

Benny503 · Nov 4, 2009

PBP is right, Yeah be very becareful... if the guy is here in Oregon then why can't he just go out and get a Oregon ID? Not like DMV wont give him the ID seen he is here... I dont want this site get shut down because we break the fed laws

Oro · Nov 5, 2009

why can't he just go out and get a Oregon ID? Not like DMV wont give him the ID seen he is here...

Bingo. If he's there long term, he should just go get a state ID card and then no need even for an FFL- thus even cheaper that way. Otherwise if he can't present OR ID to you then you need to go through an FFL for the transfer. As long as the gun is legal to own where he is from (and MT is not exactly "anti-gun") - then no problem.

bcp · Nov 5, 2009

From:
<broken link removed>

27 CFR 478.11
Title 27: Alcohol, Tobacco and Firearms
PART 478—COMMERCE IN FIREARMS AND AMMUNITION
State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:
Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.