Need Help to answer a couple questions about private gun sales in Oregon

[buckshot123]

Hello need assistance,
I have a couple questions about Oregon gun laws someone might be able to answer for me. I would like to sell a hand gun that is in my name to a friend. This individual has a full time job wife, kids, house they rent until they find a house to buy and so on. I asked if he would like to buy this pistol because I need to sell it and don't want to go into a gun shop and get ripped off. I also don't have time to list the gun online. I just really need the money fast. When I asked my friend if he was interested he told me. When he went to buy a gun at a sporting goods store they denied him because his ID. So he asked me how it's legal to buy from a private sale and not a gun store? I wanted to give an answer but couldn't. I told him I would check out if there is a way to sell it legally to him since he is a law abiding citizen with no previous things on his record to prevent him from buying because he has bought in california so I can sell it to him legally. Originally I wanted to just go down to the local gun shop and do a gun transfer but now I found out he has a California drivers license for ID. I know what my response is probably going to be from a few people. Probably! "telling him to go to the DMV to get his ID changed to Oregon" I know if I tell him that then he might not buy my gun because of the hassle. He's not 100% sure if he and his family will live here for ever especially with the winter slowing down his work. They are not use to this weather here. He's also kind of buying the gun to help me out the good guy he is because I told him it would help me to sell to him versus me sell it at a hawk shop. That is why he was open about his current situation when he tried to buy a handgun here in Oregon recently. Then he said he has been trying to find time to wait in line to get his ID changed too. He really is a good guy. After he was going to buy the gun he is going to join the NRA and want to join TRI County Gun Club and take his boys shooting. He also want to get into Sporting clay shooting with me and IPSC shooting. I have been trying to think outside the box here because I would like to start shooting with him and wonder if I can get a California transfer form for firearms through an FFL dealer that does California Transfers. I hope to hear from someone. Maybe someone that can help me transfer my gun into his name for a transfer fee. I am going to call a gun shop tomorrow to see what they say. Please do not be alarmed I will not ever sell a handgun or any firearm unless it is legal to do so. That is why I am asking to learn what the exact law is. I wish it was exactly as it was written in the 2ND amendment so I wouldn't have to ask a question like this. I would allready know the answer. Make sure he is a U.S. Citizen and it is clear.
I have bought all my guns from dealers but I have always seen ads for guns for sale from private people in the paper or on different postings on the tack board at the gun clubs. I have always wondered about the laws on private sales. I am looking forward to hearing from someone to help clear this up. I do have legitimate questions and your knowledge in Oregon and California firearm laws would be greatly appreciated.

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[NK777]

If he is not a felon, not an illegal, can prove residancy, and not otherwise disqualified from purchasing the gun you can sell it to him legally.

For your protection I would insist on a photo copy of a peice of mail with his oregon address on it, thus proving at least temperary residence for your records. You don't have to keep records but it's kind of a good idea to CYA should it be stolen and used in a crime and left behind to be turned into evidence.

 

[JAFO]

If he is maintaining his California residence you cannot legally sell it to him without going through a dealer IN California. With you saying he will likely go back because of the weather that makes it sound like he is temporarily staying in Oregon. Renting a house does not necessarily mean taking up residence.

You could ask an attorney to be positive.

Here is some info about being a resident of or domiciled in Oregon:

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Are You a Resident of Oregon?

To be eligible for Oregon vehicle registration or to obtain an Oregon Driver License, Identification Card, or Driver Permit, you must be a resident of or domiciled in Oregon (see ORS 803.355).

To be domiciled in Oregon, a person's primary home is in Oregon and the person intends to remain in Oregon or, if absent, to return. If a person's home has never been in Oregon, they cannot be domiciled.

Note: Simply owning property in Oregon doesn't necessarily mean that you are domiciled in Oregon.


Establishing Residency

Residency may be established by a number of actions, described in the list below and in ORS 803.200 and ORS 807.062. Once you have become a resident of Oregon, you are required by Oregon law to obtain Oregon vehicle title and registration and to obtain an Oregon Driver License or Instruction Permit. Failure to register a vehicle once residency has been established is a Class D traffic violation. Failure to obtain an Oregon Driver License or Instruction Permit once residency has been established is a Class B traffic violation.

If you are uncertain whether you qualify for an Oregon Driver License, ID Card, or Oregon Vehicle Registration, ask yourself the following questions:

Do I remain in Oregon for a consecutive period of six months or more each year?
Have I enrolled my children in an Oregon public school without payment of nonresident tuition fees?
Do I pay Oregon resident tuition fees at an educational institution maintained by public funds?
Have I made a declaration to be a resident of Oregon for the purpose of obtaining, at resident rates, a state license (other than an Oregon Driver License)?
Is Oregon listed as my home of record in my military records?
Do I pay resident income taxes to the state of Oregon?
If you answered "yes" to any of the above, you may be eligible to register your vehicle in Oregon and/or obtain an Oregon driving privilege or Identification Card.

That is just information about DMV requirements. It does not necessarily mean that he does not intend or has not taken up residency. It could mean he is just violating the traffic rules. I don't know how ATF would look at it though since you admitted here he doesn't want to get an OR DL.

Good luck.

 

[NK777]

If he's been here for 6 months or more he's legal to sell to provided he is not excluded otherwise. If he decides to move back to Cali in the spring you will no longer be able to FTF sell a gun to him but at this time you can. You have no way of knowing whether or not he's going to stay at this time so it is a legal transaction right now unless he's stated he's sure he's moving from the state in the very near future.

 

[NavyLT]

If he's been here for 6 months or more he's legal to sell to provided he is not excluded otherwise. If he decides to move back to Cali in the spring you will no longer be able to FTF sell a gun to him but at this time you can. You have no way of knowing whether or not he's going to stay at this time so it is a legal transaction right now unless he's stated he's sure he's moving from the state in the very near future.

Can you provide a cite to the 6 month requirement, please? It must be an Oregon thing, because it does not exist in Federal law. In fact, in Federal law, even aliens in the U.S. - not even U.S. citizens, establish residency in only 90 days.

Here is the Federal definition of residency:

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State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

 

[MarkSBG]

It sounds like your friend is a Californian resident. If he was turned down, then there is a reason why the dealer couldn't sell to him.

 

[NavyLT]

He may be a California resident part time and an Oregon resident part time. During the time he is in Oregon, he may not get an Oregon ID or Driver's License. He is still good to go for a private sale during the time that he lives in Oregon regardless of his driver's license as long as you know he is actually living in Oregon, for however briefly, and not just visiting.

When he goes back to California to live, for however briefly, he will have to register his handgun he takes with him with the CA DOJ by filling out a form and sending them 19 bucks.

Because the sale is to an Oregon resident when the transaction occurs, the sale does not have to comply with California law.

There are at least two other groups of people I can think of who can legally buy handguns in private sales that can't buy them from FFLs - those 18 to 20 years old (in most states), and sometimes military spouses who move with their military members but don't get a local driver's license either.

BTW, there is no 6 months residency requirement, either.

If you want an answer with authority, simply call the nearest ATF office and ask them, they will be happy to answer your questions.

 

[flash2pablo]

State law usually requires individuals purchasing from an FFL dealer to produce that states validly issued photo id.
State law does not generally address any type of transfers in private sales.
Federal Law, under the commerce clause, does not allow transfer of firearms between individuals from different states.
Here is a link to the ATF website addressing, the following link is specific to property owners of two states. You may want to research on the ATF website a little more for information.
http://www.atf.gov/firearms/faq/unlicensed-persons.html#state-purchase

 

[roguebowhunter]

It sounds like your friend is a Californian resident. If he was turned down, then there is a reason why the dealer couldn't sell to him.

the reason he was turned down was because he had a CA DL . OR ffl won't sell to CA lisc. .. Don