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Giving a gun to resident of another state

Discussion in 'Legal & Political Archive' started by P7id10T, Jul 14, 2015.

  1. P7id10T

    P7id10T Cedar Hills Bronze Supporter Bronze Supporter

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    I want to give a rifle to a friend who lives in Idaho. There are no background checks there.
    Would I be violating any Oregon SB941 transfer laws?
    Thanks
     
  2. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Yes, that is still considered a transfer and across state lines it does now and since 1968 need to go thru an FFL.
     
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  3. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    That does raise an interesting question. If my friend and I are both Oregon residents, and are hunting in Idaho, can we swap guns without going through an Oregon FFL? Yes, I know it's ridiculous, but it sounds like we would need to go through that BS to comply with 941. If the ultimate goal of registration is achieved, we could actually be prosecuted for these types of normal legal activities.
     
  4. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    Swapping to keep would be one thing,swapping to hunt while in Idaho would be completely different
     
  5. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    These laws are such a PITA! Someone like me who has traveled and moves a lot for instance.
    Start in FL and move to OR leaving some of your guns legally with a Friend or Relative in FL.

    Become a resident in OR.
    Visit FL and decide to give someone a gun you had left in FL for years with a friend and no longer want.

    Just leaving the gun with the friend in FL becomes a crime as soon as you lose FL residency and move to the previously free State of Oregon.

    Transferring the gun through an FFL might incriminate you as to who had possession of the firearm all along!
    ASININE!!!:mad::mad:

    I know, I know! Ignore the law who will ever find out and who will ever charge you if they did but damn this law is stupid.
    And SB941 just adds another layer of stupidity!!
    They just want to make criminals out of all gun owners and put a fear of owning guns into everyone.
     
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  6. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Please do not post unless it is in fact following the law/laws. The anti's do not need anymore things to point to in the firearm community to fuel their agenda.
     
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  7. v0lcom13sn0w

    v0lcom13sn0w Keizer, or Well-Known Member

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    will do. apologies.
     
  8. albin25

    albin25 Lewiston Idaho Well-Known Member

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    Doesn't selling/transferring a gun to a resident of another state simply require a seller to ship/take the gun to an FFL in the new owner's state of residence to process the BGC ?
    Why would Oregon's stupid gun laws have any effect on a resident of Idaho receiving a weapon in Idaho that was sent through an FFL according to Federal Regulations?

    And, if for some reason you believe the recipient is unable to pass a BGC...
    ...why the heck would you want to sell/give them a gun?
     
    Last edited: Jul 17, 2015
  9. NWGlockgal

    NWGlockgal Oregon Well-Known Member

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    Why would Oregon law apply to what happens in Idaho?
     
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  10. Barefoot African

    Barefoot African Saint Helens Oregon Active Member

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    It's a question of intent, and federal laws regarding moving firearms across state lines.

    Even if you leave a weapon in Idaho with a friend for a later intended hunt (legal in sone states), you have a duty to return it home to Oregon when you complete the intended. hunt. It is always your possession

    If you then FFL and 2 day Brownbox it back to him in Idaho, that would be legal, he then picks it up from the FFL and done. It crossed state lines "ownership intent" with paper trail - all good!

    Your way is a felony.
     
  11. edwardo55

    edwardo55 Salmon Crick (Vancouver, WA) New Member

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    Correct me pleaseo_O..........Before Washington's transfer law and now Oregon's law we in Washington State could not buy a rifle from an add in the Oregonian from a private person w/o going through an FFL? I always thought you could except for pistoles. Also remembering a friend purchasing a rifle at an Portland gun show back in the day from a non-FFL is he now an official out-law:eek:
     
  12. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    The laws aren't retroactive Gee's come on common sense please.
     
  13. Lance Jacobs

    Lance Jacobs South Willamette Valley Oregon Well-Known Member

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    If you did the transfer in Idaho, then I don't believe that any Oregon law would have any jurisdiction. So the answer would be no, you would not be violating any Oregon law.

    However, you WOULD BE VIOLATING FEDERAL LAW if you did that. So if the ATF ever learned about the transfer, they could come after you.

    The legal way to transfer the firearm to him is to ship it to a FFL in Idaho that is close to him, and he can then pick it up from the FFL.


    .
     
  14. P7id10T

    P7id10T Cedar Hills Bronze Supporter Bronze Supporter

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    Thanks.
     
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  15. wired

    wired Yakima Well-Known Member

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    Your "friend" broke federal law. Even before the state background check stuff it still wasnt legal to privately transfer long arms between residents of different states.

    From the ATF FAQ.....

    2. May I lawfully transfer a firearm to a friend who resides in a different State?

    Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. 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 recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. 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. See 18 U.S.C. 922(a)(5).
     
  16. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    Surely you would not travel all the way to Idaho without staying overnight there? That is, RESIDING there. And if you are RESIDING there, you can transfer the gun to another person RESIDING there.
     
  17. wired

    wired Yakima Well-Known Member

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    Dont give people bad advice that will lead them to commit federal felonies.

    Idaho, like all other state require that you actually reside in Idaho to be considered a legal resident for firearms purchases. Drivers license or ID, place of residence other than a hotel etc.

    Gun traces can unravel all sorts of tricky plans.
     
    Last edited: Sep 4, 2015
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  18. U201491

    U201491 Well-Known Member

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    If a tree falls and no one is there to hear it, does it make a noise ?
    :rolleyes:
     
  19. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    This is the exact quote from the Idaho tax department. It says you are a part-year resident if you resided in Idaho more than 1 day....

    See it here: http://tax.idaho.gov/pubs/EPB00671_11-25-2002.pdf

    You are a part-year resident if you are not a resident of Idaho and you: • Changed your domicile either to or from Idaho during the tax year; or • Resided in Idaho more than one day during the tax year.
     
  20. wired

    wired Yakima Well-Known Member

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    Except that staying at a hotel does not make you a resident even to the dept of taxation. If you work in Idaho for one day they will tax you. If you stay at a hotel in Idaho and buy a gun from an Idaho resident you are committing a federal felony.

    If you can get a Idaho drivers license or ID card you are a Idaho resident. If you can't get one you arent an Idaho resident and an Idaho resident cannot give you or sell you ANY gun short of a black powder or pre 1898 firearm. You arent going to get an Idaho ID by staying at a Holiday Inn Express for a day.

    http://www.itd.idaho.gov/dmv/vehicleservices/NewResident.htm

    "You become a resident of Idaho when your domicile (principle home) has been in Idaho for 90 continuous days."
     
    Last edited: Sep 4, 2015
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