How to get rifle home? TX to OR

[Joe13]

How is the FFL status of firearms affected if I move from one state to another? In a few years I'll be moving back up, and of course taking my firearms with me- will I be required to pay an FFL to transfer them to Oregon from CA?

Geno

Only if you ship them to an ffl in CA

 

[deadeye]

How is the FFL status of firearms affected if I move from one state to another? In a few years I'll be moving back up, and of course taking my firearms with me- will I be required to pay an FFL to transfer them to Oregon from CA?

Geno

They are yours and you are just moving so there is no change in ownership. You can just move them with the rest of your belongings as long as they are legal to own in the state you are moving to. The only issue you may have would be if you moved to a state with restrictions on ownership like NY, NJ or such with needing government permission to even own a pistol such as a FOID card and actual registrations of firearms.

 

[deadeye]

Please keep replies to thread legal and not suggestive of breaking any state or Federal laws. We do not need to give anti's any help.

It is always best to familiarize yourself with the laws rather than relying on internet info. Telling the judge "well they said on the internet" is not going to keep you out of jail.

 

[oknow]

Each and every airlines have information on checking firearms as baggage on their website.
Check the airlines you will be flying on to get accurate information, and follow it.
I have checked guns many times on different airlines and none has ever asked for proof of ownership.
jmo

To add to that a little. Put a copy of the rules for the airlines in the gun case and carry a copy with you. And a copy of TSA rules.

 

[wired]

You certainly can buy a rifle in another state . It does not need to be an adjoining state. Yes. The '68 GCA says that but the '86 FOPA repealed that provision. You CANNOT be gifted a rifle in another state. It has to go through a dealer in that state or in your state. Transport it back however you want . Even the USPS will allow you to ship a rifle to yourself.

Some people may claim that because you are a resident of Oregon that you will need a BGC before taking possession of the rifle in another state. Since you have to go through a dealer anyway in an interstate transfer you have to have a BGC and 4473 regardless so its a moot point.

 

[Gene Rojas]

Guys,
Thank you for the information- I'm looking forward to the day when I'll be back home in Oregon for good, and can return my rifles to the way they were intended to function, with releasable 20-40 round magazines in them. Given the current anti-gun climate in CA, my rifles may end up leaving sooner- we're looking at getting a duplex in less than 2 years, so my Mom will have a place to live.

Geno

 

[mjbskwim]

I'll add that FedEx is probably the best option. USPS will have none of that.

If you go to the right PO you can mail it to yourself.
So the "only from bordering states" when it comes to long guns is BS? I've never investigated it that much,but if he lives in Oregon,he doesn't need to send them to a FFL in Oregon?

 

[wired]

If you go to the right PO you can mail it to yourself.
So the "only from bordering states" when it comes to long guns is BS? I've never investigated it that much,but if he lives in Oregon,he doesn't need to send them to a FFL in Oregon?

Yes. It is BS. It used to be true but that was 30 years ago.

He does need to send it to an FFL in Oregon IF he is being gifted them and he does not go through an FFL in Texas. In that case the previous owner needs to send it to an FFL in Oregon . He cant take possession and send them to a dealer himself legally. The dealer here would have to enter in the previous owner in his books. If he transfers the gun to himself through a FFL dealer in Texas he does not need to do anything else and can carry them back or mail them to himself in Oregon.

 

[Gonzales]

So to recap. If I understand correctly. Unless his father dies, and he inherits them, he must go through an FFL / background check / 4473.

So would it be easier for his father to take them to an FFL and have them shipped to an Oregon FFL?

Or

For both of them to take the firearms to an FFL in TX, do the dance we have to do here to perform a private sale? Then ship to his home, drive them, or take them on a plane ride?

I'm leaning towards option 1, but the risk of a delay or denial would be greater.

-Matthew

 

[Joe13]

Sounds like he needs to talk to a lawyer or FFL in each state to figure this out. If it's legal in TX to gift guns to an heir while living then he should be able to drive, fly them back without OR laws being broken. After all if you move to the state you don't have to ffl each of your guns...

I have no idea.

 

[wired]

That's not a Texas problem. Thats a Federal ATF problem. The ATF does not allow gifting guns to an out of stater ( even a relative ) without going through an FFL dealer as an intermediary. It's not a big deal. The guns would go on a single 4473 unless theres just a bunch of them. The dealer may or may not charge for each gun to do the transfer. Its not the same as moving to the state. He is a resident of Oregon unless he has met residency requirements in Texas i.e. actually moved there , got a job , Drivers license etc. Now if he had residency in both states that would be a different issue but that isnt the case.

Easiest would be the father mailing the guns to a dealer in Oregon. Oregon dealer does the transfer. If he's going to Texas anyway just do it there.

 

[wired]

Again. The son has not been a Texas resident. The guns, even if they had been his 20 years ago , which they werent, were transferred to the father when the son left them with the father for an extended period. That would be the straight up ATF interpretation of the situation based on the '68 GCA and the '86 FOPA. The guns belong to the father. If the son wants to follow the letter of the law he needs to have the father send them to Oregon or he needs to go to TX and transfer them through a TX dealer to himself. Or he could just do what everyone else actually does but we arent supposed to discuss that .

 

[OutlawHoss]

How is the FFL status of firearms affected if I move from one state to another? In a few years I'll be moving back up, and of course taking my firearms with me- will I be required to pay an FFL to transfer them to Oregon from CA?

Geno

If you already bought it/lawfully acquired it, then it's your property, period. Just pack it according to interstate travel laws (unloaded, locked in trunk or similar) and take it with you. You don't have to say 'boo' to anybody. I think you're being overly cautious. If you acquire the gun legally in Texas, and it's your property at that point, then the same applies. You can mail it to yourself, or check it, or put it in the trunk; you don't have to 'register' it (there's supposed to be no such thing) so why make it more complicated? Remember, the right to keep and bear arms is primary and inherently justified, so act like it!

 

[wired]

Depends on what kind of guns there are. Hunting rifles wont be an issue unless your idea of a hunting rifle is an AR-15 in which case the storm troopers in the fruit inspection checkpoints will stomp your kitty for trying to bring that into California. Otherwise once they are yours they are yours.

 

[tionico]

I have a friend who plans on buying and/or be gifted a rifle or two while visiting his father in TX.
What's the best legal way to get them back to Oregon? He is flying down and back for the visit.



If they come from his father, he can take lawful possession of them in Texas. Then, simply buy a locking hard case big enough to carry them, make certain there is no ammunition in the same case, and check that case as checked baggage on his airplane ride home. Declare "I have firearms to declare" when you check in, in person, at the airline ticket counter. Might get dinged an extra twennyfidollah from the airline for an extra suitcase.
I am quite certain transfers between such close relatives are exempt background check, etc. in both states, and at fed level.

 

[tionico]

How is the FFL status of firearms affected if I move from one state to another? In a few years I'll be moving back up, and of course taking my firearms with me- will I be required to pay an FFL to transfer them to Oregon from CA?

Geno

If the firearms you own in one state are legally owned, and those same guns would be legal in the state you are moving to, just pack them up, bring them along, unpack when you get there. There is no transfer to trigger BGC silliness.

 

[tionico]

Sometimes TSA get their knickers all in a twist and go postal over any firearm parts in carry on.. empty magazines, things like barrels, stocks, bolts.... don't chance it. TSA could simply decide they don't like it, take it, let you go, and now you have an expensive hockey stick with the wrong kind of end to be useful for anything.

Maybe remove the bolt and wrap it in a few socks and put it down a boot followed by other stuff, tie it up with the laces, andput it in your other suitcase. But, TSA know which pieces of luggage have firearms in them, and watch them carefully. I'd just ship the bangstick as checked luggage, declared at time of checkin. MUST be in a locked hardsided case. No ammo in the same case. (you can take up to 11 lbs )5 Kg) ammunition, in factory packaging (does not have to be sealed or even completely full boxes) in a separate locked hard sided case in your other checked suitcase. NOT in the same one with the rifles. Those are TSA regs

 

[stick655]

Last time I flew with firearms was a few years ago, just had to have a gun-lock on them and in a locked hard case, no ammo.

 

[Oldtrader3]

FEDEX it to yourself. That is perfectly legal!

 

[wired]

If they come from his father, he can take lawful possession of them in Texas. Then, simply buy a locking hard case big enough to carry them, make certain there is no ammunition in the same case, and check that case as checked baggage on his airplane ride home. Declare "I have firearms to declare" when you check in, in person, at the airline ticket counter. Might get dinged an extra twennyfidollah from the airline for an extra suitcase.
I am quite certain transfers between such close relatives are exempt background check, etc. in both states, and at fed level.

Your'e certainty is misplaced. It is a federal felony for a resident of one state to transfer ANY gun directly to a resident of another state unless the receiver is a C&R FFL holder . It doesnt matter if they are related in any way because they are residents of different states. There is no exception for family interstate transfers in the GCA or the FOPA. The OP is legally a resident of Oregon. His father lives in Texas and is a resident of Texas. The only way he can LEGALLY take possession is to go through a FFL in TX or OR. If there were handguns involved he'd have to go through Oregon only.