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I believe I have this correct but I just want to be sure. FTF transactions can only be made between current Oregon residents right?
Yup. You have to prove they were a current resident and legally able to own a firearm at the time of the transaction to the BEST of YOUR ability. That's why valid chl's work best. You could just ask them, but judges like a paper trail.
Ultimately, the burden lies on the seller, which is why I do CHL's and check for trackmarks on my bill of sales. (j/k about the trackmarks, but that might be a good idea, come to think of it.)
I believe AE was referring to the parties to the transfer, not the parties to a prosecution resulting from an illegal transfer. In other words, if you sell a firearm to a felon in the FTF transfer and are later prosecuted for it, "I didn't know he was a felon" is not an affirmative defense.No: Ultimately, the burden is on the state to PROVE that A) the buyer (seller) is prohibited from firearms and B) The seller (buyer) KNEW that they were prohibited. The burden of proof is on the prosecution. The defendant is NOT GUILTY until proven otherwise.
"I didn't know he was a felon" is not an affirmative defense.
I'm not aware of any legal mandate, but the burden lies on the seller,
I believe I have this correct but I just want to be sure. FTF transactions can only be made between current Oregon residents right?
No, no contradiction. You have an affirmative duty to not violate laws with respect to the transfer of a firearm and as with other areas of the law, ignorance is no excuse. You may still inadvertently sell to someone from out of state, but if you check their ID and are given a realistic fake, you're probably OK: there is only so much background checking that a private citizen can realistically engage in.Isn't that a contradiction? If there's no legal mandate how can the burden be on the seller?
There is NO responsibility on the sellers part to be sure. There is no requirement to check ID, some people dont have ID and this does not make them unable to buy a firearm. The law literally says...."if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law".
No one has been claiming ignorance. Say I have a gun for sale and put an ad in the local paper. I get a call from a guy that says he wants it and will give me what I am asking and we make arrangements to meet. He shows up and gives me cash, I give him gun and there is no reason to to "if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law" and the deal is done. Now if during the conversation he is acting sketchy, or says things that might lead me to believe he can not buy one at an FFL, he has out of state plates on his rig, ect and I sell it anyhow then I would be guilty of breaking the law it if he is from out of state or can not legally possess a firearm.
Yes but, if the person is from out of state and has a dealers lic you may sell the gun to them. However you must know that states transfer policy and if that dealler is legal to own the type of weapon you are selling. ie is he from Commiefornia where they can't have certian guns.
If you lived in Vancouver Washington and wanted to sell a gun at the Portland gun show then you could sell face to face to any lic dealer or pay a dealer to do a transfer if the states effected allow those guns to be transfered. Washington isn't part of America so they are not allowed NFA weapons in a purchase today.
jj
Well FTF is generally considered between 2 unlicensed persons. So selling to a dealer is not normally considered a FTF........ When was the last time you walked out of a gun store and called it a FTF transfer?
The second part of that is there are 6 NFA items; SBS, SBR, DD, AOW, MG and silencers. In WA half of those are legal so saying NFA items are not allowed in WA is also not true.