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Let's say my brother has his hands on a great deal for a very rare deer rifle. He is an Oregonian with an active Driver's license and votes in Oregon. But he lives in Texas - at Fort Hood on Active Duty with the U.S. Army. Because of this he can buy guns in Texas - long guns and pistols and all - under federal law. He buys the rifle and the next time he sees the family in Oregon, he gifts the rifle to one of his brothers. Any problems or issues with that transfer??
 
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Questions like this get beat to death on the net. Last I heard both OR and WA had a carve out to gift a gun to direct family members. There is of course one big thing to be careful of here. If the person you give a gun to has it stolen or sells it and it ends up at a crime they will come to you. Now you giving it to another may well be legal. That does not mean you will not end up needing a lawyer. So be VERY careful about doing this.
Another thing is the net makes a piss poor place to seek legal advice when it comes to stuff like this. If someone on the net tells you something is fine and its not? If you end up in front of some black robe they will not care who "told you" it was fine.
Its fairly simple to search the state gun laws in the state you are in. They are like so many laws often hard to really make sense out of but they are not hard to find. Read them and decide if you really want to do this.
Another thing is most FFL's are no longer going to sell to him with an OR ID because of the new law just passed there. Many FFL's are taking a hands off approach until the latest law the voters said they wanted shakes out. As it stands now ALL OR residents will soon need a permit to buy a gun. Like the FOID card other states do.
 
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Aloha, Mark
 
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Questions like this get beat to death on the net. Last I heard both OR and WA had a carve out to gift a gun to direct family members. There is of course one big thing to be careful of here. If the person you give a gun to has it stolen or sells it and it ends up at a crime they will come to you. Now you giving it to another may well be legal. That does not mean you will not end up needing a lawyer. So be VERY careful about doing this.
Another thing is the net makes a piss poor place to seek legal advice when it comes to stuff like this. If someone on the net tells you something is fine and its not? If you end up in front of some black robe they will not care who "told you" it was fine.
Its fairly simple to search the state gun laws in the state you are in. They are like so many laws often hard to really make sense out of but they are not hard to find. Read them and decide if you really want to do this.
Another thing is most FFL's are no longer going to sell to him with an OR ID because of the new law just passed there. Many FFL's are taking a hands off approach until the latest law the voters said they wanted shakes out. As it stands now ALL OR residents will soon need a permit to buy a gun. Like the FOID card other states do.
Many thanks and I will underscore your words about seeking legal advice. This forum is a lot of fun and very interesting But I would not risk legal jeopardy, criminal, or civil from the comments of my peers here. (Nothing against you guys. I just need something better than a Barracks lawyer. 😁)
 
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I think the ATF position is your brother needs to maintain a regular home in Oregon to qualify for dual residency. The Army lawyer may know best on this:

A member of the Armed Forces on active duty is a resident of the state in which his or her or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member's permanent duty station is in a nearby state to which they commute each day, then the member has two states of residence and may purchase a firearm in either the state where the duty station is located or the state where the home is maintained.

[18 U.S.C. 921(b), 922(a)(3), and 922(b)(3); 27 CFR 478.11]
Of course, if he is solely a Texas resident, he may need to go through an FFL to transfer you a firearm under 922(a)(5).

Otherwise, if he believes you to be a resident of the same state - then the GCA does not apply and he could perhaps transfer the firearm directly under the sibling exception of SB941.

Either way, be aware of the straw buyer regulations too. To reduce risk, he could buy the rifle for himself, and decide to gift it later while "residing" in Oregon per the ATF definitions here.
 
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Let's say my brother has his hands on a great deal for a very rare deer rifle. He is an Oregonian with an active Driver's license and votes in Oregon. But he lives in Texas - at Fort Hood on Active Duty with the U.S. Army. Because of this he can buy guns in Texas - long guns and pistols and all - under federal law. He buys the rifle and the next time he sees the family in Oregon, he gifts the rifle to one of his brothers. Any problems or issues with that transfer??
Absolutely not.

It's one of the rare exceptions for dual state residency status and they have laws on the books specifically covering active military. He does not give up his legal residency status in OR when on duty assignment and he is granted residency status in the state he is ordered to serve in.

Simple as that. 👍
 
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You can be a resident of one state and “domiciled” in another. Domicile essentially means the non-legal term “home” as in where I have lived and I intend to live in the future. In the application of some laws residence applies in others domicile works.

Texas has pretty loose gun laws, and long guns can be purchased in other states so no problem for him.

His transfer requirements pre-114 are in ORS (Oregon Revised Statutes) Chapter 166. Check the statutes from 166.400 to 166.490 for the law till Jan 8, 2023. The provisions of 114 that become law will get integrated into chapter 166.

 
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You can be a resident of one state and “domiciled” in another. Domicile essentially means the non-legal term “home” as in where I have lived and I intend to live in the future. In the application of some laws residence applies in others domicile works.

Texas has pretty loose gun laws, and long guns can be purchased in other states so no problem for him.

His transfer requirements pre-114 are in ORS (Oregon Revised Statutes) Chapter 166. Check the statutes from 166.400 to 166.490 for the law till Jan 8, 2023. The provisions of 114 that become law will get integrated into chapter 166.

Many Thanks Michael. I very much appreciate your work!!
 

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