Washington Gifting/selling across state lines

[IOM]

In regards to the earlier question of an Oregon person visiting Washington and giving his daughter a pistol, I have a question basically the reverse.

If I'm in Oregon visiting and have a few firearms with me, what is the legal procedure if I decide to give one to a friend, and another one to my brother...???

Talking specifically about pistols.

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[Mark W.]

Your friend has to go through a FFL conducted background check. Not sure on your brother.

 

[IOM]

Your friend has to go through a FFL conducted background check. Not sure on your brother.

By saying going through an FFL, I simply can't fill out the State Police BGC and do it myself, or must I pay an FFL to do the 4473 and local thing.?

 

[HB of CJ]

OFF would know. Oregon Federation of Firearms. I THINK you legally can not even let your buddy or brother shoot your new gun without your presence while he/he is shooting it, unless FIRST your buddy goes through the Oregon State Police Background Check.

You can NOT loan out your gun unless the Lonee gets the background check.

Not completely sure. OFF sells a nice booklet that explains it all. I may have it not exactly correct. NFA rules are even ;more iffy. Cans, SBR, SBS, Select fire stuff.

All Oregon State, US Code Laws And NFA Rules Apply.

 

[Mark W.]

By saying going through an FFL, I simply can't fill out the State Police BGC and do it myself, or must I pay an FFL to do the 4473 and local thing.?

Correct

 

[IOM]

Correct

"Correct"...??? Which part...??? I can fill out the State BGC and do it myself or the way of another FFL...???

 

[Konajay]

The way I understand it, the FFL must do a background check on your friend. You can legally give a firearm to a close family relative. But beware, "relative" is very narrowly defined.

 

[bolus]

By saying going through an FFL, I simply can't fill out the State Police BGC and do it myself, or must I pay an FFL to do the 4473 and local thing.?

You have to go to an FFL and pay for a private transfer with your friend. You cant do a background check yourself, because that would rob the state of the background check tax they charge to have someone in the state run the NICS check for you. You are not allowed to do background checks if you have a C&R FFL.

Depending on where you live, many local sheriff's said they would not enforce this law. Out in the rural areas, it is sometimes a couple hour drive to a dealer to do the FFL. In Portland, they probably have

This includes if you both have conceal carry licenses or already own firearms.

Family are excluded.

 

[IOM]

So dang confusing anymore... I'll have to stick with with the standard FFL transfer just to be on the safe side.

I'll assume that you cannot lend out a rifle to someone to go hunting anymore either unless your with them..

I appreciate the input folks...

 

[slimmer13]

Again. Interstate is federal law. Transfer to a friend would also be required by OR law, but both friend and brother would be required by FED law.

Loan for lawful purposes to a friend is ok with no transfer per FED law. Not 100% sure on OR law

A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General's Office to inquire about the laws and possible State or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal firearms licensee (FFL) within the transferee's State of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

 

[justcuz]

https://www.atf.gov/docs/undefined/firearmsstatutesandcodes-oregonpdf/download

for your reading pleasure...

 

[justcuz]

Again. Interstate is federal law. Transfer to a friend would also be required by OR law, but both friend and brother would be required by FED law.

Loan for lawful purposes to a friend is ok with no transfer per FED law. Not 100% sure on OR law

please note the term "...for lawful sporting purposes...."

 

[IOM]

https://www.atf.gov/docs/undefined/firearmsstatutesandcodes-oregonpdf/download

for your reading pleasure...

Not sure if your attempting to be cute justcuz, But I have read through all of the legalese and garbage of those laws and I saw absolutely nada pertaining to my original question...

Nowhere does the law spell out in normal laymans terms and or words what I was asking.

The purpose of the question was a simple answer from someone that deals with this, to many different interpretations...
Thanks anyway.

 

[KKG]

I believe that a call to the Oregon State Patrol should get you the answer. I also believe that the transfer to your friend does need to be done by an FFL dealer. As for the Brother transfer, I think a phone call is the best answer.

 

[justcuz]

You are more than welcom

Not sure if your attempting to be cute justcuz, But I have read through all of the legalese and garbage of those laws and I saw absolutely nada pertaining to my original question...
Nowhere does the law spell out in normal laymans terms and or words what I was asking.
The purpose of the question was a simple answer from someone that deals with this, to many different interpretations...
Thanks anyway.

You are more than welcome IOM, but a simple answer isn't possible or you wouldn't be getting various responses, now would you?

For example, you call OSP, pose your question best you can, the nice trooper rattles of an answer an you hear, SURE!

Off you go on your quest to transfer firearms, unfortunately unforeseen circumstances occur and you run a foul of the State & ATF!

Your first response is OSP told me i could do it this way! OSP flatly states, WHO, we did not tell anybody that, or that's not our stanard mantra to firearm transfer(s).

Please insert any of the forum member's name(s) of where you got your advice on how to transfer firearms to unlicensed citizens and see how well that works in your defense!

Oh wait IOM, one member did provide you with the cite from ATF outlining OR statutes didn't they!

Being cute is not my forte IOM, pick one of the various answers you got from forum members, remembering of course, you now have the OR legalese to discern which are viable so, as an adult, you can decide which suggested way to transfer your firearms to unlicensed citizens.

Please enjoy your visit to OR with your firearm(s) which you are transporting alledged across state lines to dispose of in a manner counter to the spirit and intent of ATF & OR statutes!

 

[fredball]

In regards to the earlier question of an Oregon person visiting Washington and giving his daughter a pistol, I have a question basically the reverse.

If I'm in Oregon visiting and have a few firearms with me, what is the legal procedure if I decide to give one to a friend, and another one to my brother...???

Talking specifically about pistols.

The friend you give the gun to has to pass a BGC and you will need to give FFL a copy of your drivers license, your brother will need to pass one as well if out of state same state just do it but if you knowing give firearm to a felon your in trouble MISTER