Interstate Firearm Sales

[LCspeedsteel]

After seeing a few of the WTS/WTB ads, and in one incident one user was astounded that another wouldn't sell him a firearm across the Oregon/Washington border. I was curious just for my own info, and looked into it a bit. The scoop I got from the Oregon Firearms Federation site was that it is in fact illegal to sell across state borders. All Interstate firearms transactions need to be completed through a FFL holder. Some of you may already know this, but its just up here for those who don't.

Here Are The Oregon Firearms Federation Legal FAQs

Dear OFF

I want to buy a gun from a friend who lives in another state. Is that legal? Is there any paperwork?

Dudley.

Dear Dudley,

Any firearm transfer between two states requires that the gun be sent to a licensed dealer in the state where the recipient lives. The recipient must pick it up from the dealer after undergoing a background check. The only exception is when a gun is "willed" to a person in another state.

Read More

 

[dobeman]

I believe its perfectly legal for an Oregon resident to drive up to Washington and purchase a long gun and bring it home. No FFL to FFL required on long guns.

166.490. Out-of-state purchase of firearms.
(1) As used in this section, unless the context
requires otherwise:
(a) "Contiguous state" means California, Idaho,
Nevada or Washington.
(b) "Resident" includes an individual or a corporation
or other business entity that maintains a
place of business in this state.
(2) A resident of this state may purchase or
otherwise obtain a rifle or shotgun in a contiguous
state and receive in this state or transport
into this state such rifle or shotgun, unless the
purchase or transfer violates the law of this
state, the state in which the purchase or transfer
is made or the United States.
(3) This section does not apply to the purchase,
receipt or transportation of rifles and
shotguns by federally licensed firearms manufacturers,
importers, dealers or collectors.
(4) This section expires and stands repealed
upon the date that section 922(b) (3) of the Gun
Control Act of 1968 (18 U.S.C. 922(b) (3)) and
regulations pursuant thereto are repealed or
rescinded.


This is not legal, as per (4) this has been repealed - PhysicsGuy

 

[Unka-Boo]

I believe its perfectly legal for an Oregon resident to drive up to Washington and purchase a long gun and bring it home. No FFL to FFL required on long guns.

166.490. Out-of-state purchase of firearms.
(1) As used in this section, unless the context
requires otherwise:
(a) "Contiguous state" means California, Idaho,
Nevada or Washington.
(b) "Resident" includes an individual or a corporation
or other business entity that maintains a
place of business in this state.
(2) A resident of this state may purchase or
otherwise obtain a rifle or shotgun in a contiguous
state and receive in this state or transport
into this state such rifle or shotgun, unless the
purchase or transfer violates the law of this
state, the state in which the purchase or transfer
is made or the United States.
(3) This section does not apply to the purchase,
receipt or transportation of rifles and
shotguns by federally licensed firearms manufacturers,
importers, dealers or collectors.
(4) This section expires and stands repealed
upon the date that section 922(b) (3) of the Gun
Control Act of 1968 (18 U.S.C. 922(b) (3)) and
regulations pursuant thereto are repealed or
rescinded.

No FTF sales across state lines, period.

eta: you can buy from a long gun from a dealer, or transfer through a dealer from another individual, but not a private sale. Only one FFL needed.

Handguns must be transferred to a dealer in your home state.

 

[dobeman]

Oregon resident can buy a long gun from a dealer in Washington without having it transferred FFL to FFL. I thought Federal continguous state law and Oregon law makes that legal. Maybe not private individual sales.

 

[Unka-Boo]

Oregon resident can buy a long gun from a dealer in Washington without having it transferred FFL to FFL. I thought Federal continguous state law and Oregon law makes that legal. Maybe not private individual sales.

Ya....that's what I just said....in a round about way...


OR resident buying long gun from WA dealer = OK

OR resident buying any gun from WA resident ( without FFL, a la face to face ) = NOT OK

OR resident buying handgun from WA = must be transferred to OR FFL

OR resident buying long gun from WA resident = can be transferred through a WA FFL

I miss any?

 

[dobeman]

Ya....that's what I just said....in a round about way...


OR resident buying long gun from WA dealer = OK

OR resident buying any gun from WA resident ( without FFL, a la face to face ) = NOT OK

OR resident buying handgun from WA = must be transferred to OR FFL

OR resident buying long gun from WA resident = can be transferred through a WA FFL

I miss any?

this is my understanding as well. Actually, you could make the first bullet any contiguous state and its ok, is my understanding.

 

[Unka-Boo]

this is my understanding as well. Actually, you could make the first bullet any contiguous state and its ok, is my understanding.

True....

This question seems to come up once a week, and there always seems to be at least one person who believes you can do a face to face across state lines. Simply put, you would be breaking federal law if you did so.

Absolute best thing people can do if they have doubts/questions is to call the local ATF office and ask. Believe it or not, they are helpful with questions like these...

 

[bcp]

The "contiguous state" stuff dates from when federal law did not allow an out of state purchase except in a contiguous state, if approved by your state.

It is no longer applicable. The "contiguous state" and "state approval" section has been dropped from federal law.

Bruce

 

[Trlsmn]

Interstate FTF and other questionable activities in the NWFA classified Ads

http://www.northwestfirearms.com/forum/showthread.php?t=26550

 

[Mattiosmaximos]

I don't really see the big deal with this, Washington is so close just have it shipped for 25 bucks or less to your local store. It would take a day or two.
I'm just going to get my own FFL and now worry about it. Shoot buying off Gunbrokers pretty much the same.
When I get my FFL I'm just going to do straight shipping costs, Some crazy shops charge 50 bucks just to get a gun in.
Matthew

 

[meanmike58]

Ok, let me see if i understand this, i live in Oregon, if i go see my friend in Washington and i want to buy a handgun from him, I will have to have it shipped to a FFL dealer in Oregon? I can not buy it from him, and take it back to oregon?:huh:

 

[PhysicsGuy]

Laws sticky;

http://www.northwestfirearms.com/forum/showthread.php?t=8602

 

[PhysicsGuy]

I believe its perfectly legal for an Oregon resident to drive up to Washington and purchase a long gun and bring it home. No FFL to FFL required on long guns.

166.490. Out-of-state purchase of firearms.
(1) As used in this section, unless the context
requires otherwise:
(a) "Contiguous state" means California, Idaho,
Nevada or Washington.
(b) "Resident" includes an individual or a corporation
or other business entity that maintains a
place of business in this state.
(2) A resident of this state may purchase or
otherwise obtain a rifle or shotgun in a contiguous
state and receive in this state or transport
into this state such rifle or shotgun, unless the
purchase or transfer violates the law of this
state, the state in which the purchase or transfer
is made or the United States.
(3) This section does not apply to the purchase,
receipt or transportation of rifles and
shotguns by federally licensed firearms manufacturers,
importers, dealers or collectors.
(4) This section expires and stands repealed
upon the date that section 922(b) (3) of the Gun
Control Act of 1968 (18 U.S.C. 922(b) (3)) and
regulations pursuant thereto are repealed or
rescinded.

Please read the last part!!!!!!!!!!!

 

[PhysicsGuy]

Let me clarify this for confused people;

Face to face transactions across state borders (no FFL involved) is illegal, period, no if, ands, or buts.

 

[meanmike58]

Thats all i needed to know.

So can there be some kind of icon put on the ad to indicate what state the seller is located? Something simple, like WA for Washington, OR for Oregon ect. And if the seller is an FFL, so like WA-FFL for Washington or OR-FFL for Oregon, ect.

Could this also be used for viewing? Like If i am in Oregon, i can click on 'Oregon' then click on 'Handguns' and only see the Handgun listings for Oregon?

I hate it when I find a gun I want and the price is right then find out it is in Washington or Idaho. And maybe i am old-fashioned, i like to handle the gun and get its 'feel' before i buy it. To make sure that it is in as good a condition the seller claims it is in, that it functions correctly, and that it will fit into my hands.

 

[PhysicsGuy]

Thats all i needed to know.

So can there be some kind of icon put on the ad to indicate what state the seller is located? Something simple, like WA for Washington, OR for Oregon ect. And if the seller is an FFL, so like WA-FFL for Washington or OR-FFL for Oregon, ect.

Could this also be used for viewing? Like If i am in Oregon, i can click on 'Oregon' then click on 'Handguns' and only see the Handgun listings for Oregon?

I hate it when I find a gun I want and the price is right then find out it is in Washington or Idaho. And maybe i am old-fashioned, i like to handle the gun and get its 'feel' before i buy it. To make sure that it is in as good a condition the seller claims it is in, that it functions correctly, and that it will fit into my hands.

There is a prefix in front of every add title that says "WTS: OR", or other things, that show what state they are for sale in, or if it says "WTS: OR/WA", then it means that they're willing to transfer it (legally) to the other state.

Also you can use the "advanced search" so only search certain prefixes such as Oregon, Washington, or Idaho.

 

[Scott]

I want to see the mug shots and I bet fines are hefty as well. It is amazing what people think is legal.