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Discussion in 'Firearm Laws & Legal' started by Maddogg4475, Dec 24, 2016.
What states are legal to purchase long guns in the state of Oregon?
My previous job we had a list of the state's it was OK to sell long guns to....I can't remember what ones were ok and would really appreciate some assistance with this.
Bordering states I believe.
A person from any state except CA. may purchase a long gun or shotgun in Oregon.
California has some weird Law? Not Oregon .
The Gestapo in Salem enforce the CA Law.
The neighboring states provision went away a long time ago. California does not allow its residents to buy a long gun from out of state. There may be others but not many.
If the purchase is legal in your state then it is legal in Orygun.
A few other states (Calif.?) you would maybe have to have the gun shipped to an FFL in your state of residence.
I am not sure how Calif. would know that you purchased a gun in another state if the seller in the other state didn't check to see if the gun was legal to sell to you. Not sure how FFLs in Oregon do this - maybe they just don't sell anything, or certain guns to residents of certain states?
Also, not sure how Calif. could prosecute if you never brought the gun back to Calif.? It would be an interesting federal court case IMO.
Seems to me that "must be turned in or shipped out of state" was part of the language? Thought I read that somewhere....
I think any state law that a state resident could not own personal property located in another state, that is legal in the state where it is located, that never will be present in the state the owner resides in, would be an issue that could be argued in federal court.
OTOH - the BATF is fairly clear on the issue of purchases.
May an unlicensed person acquire a firearm under the GCA in any State?
Generally, a person may only acquire a firearm within the person’s own State. Exceptions include the acquisition pursuant to a lawful bequest, or an over–the–counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s State of residence and the licensee’s State of business. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C 922(a)(3); 27 CFR 478.29]
May an unlicensed person acquire a firearm under the GCA in any State? | Bureau of Alcohol, Tobacco, Firearms and Explosives
On the other other hand :
May a person who resides in one State and owns property in another State purchase a firearm in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State.
[27 CFR 478.11]
May a person who resides in one State and owns property in another State purchase a firearm in either State? | Bureau of Alcohol, Tobacco, Firearms and Explosives
For example: I own firearms that are not allowed in Calif. - if I move to Calif. and take up residence there, I can store those firearms in any state where they are legal. I strongly doubt that Calif. can force me to sell them just because I am now (hypothetically) a resident of California. I would like to see them try.
I seriously doubt that Calif. would try to enforce their laws in another state.
Another hypothetical example: a resident of Calif. inherits firearms that are either illegal or require registration in Calif., but keeps those firearms in another state outside of California. That would be something that Calif. could not enforce - it would come under federal law.
The only time there is a problem with a Calif. resident owning a firearm in another state is when they purchase one, not when they own one. And it would seem to me that it would be up to the FFL to make that determination at the time of purchase. I would assume most FFLs probably have a list of states and firearms that are restricted in those states to make that determination.
I think the Oregon and California thing might be an agreement between the states.
So - a person could go to Nevada or Arizona or wherever.
I do think that surely most FFLs would be cognizant of the restrictions in Calif. and take care to not sell a Calif. resident something that is restricted in Calif.
Now if the "Socialist State of Coomiefornia" were to succeed that would change things! LOL...then this might get interesting! But I agree, someone telling you what you can't own outside of their borders is grounds for __________ (fill in the blank!)
There - fixed it for you.
Seriously, interstate commerce/etc. is something that can only be regulated by the federal government. Calif. isn't stupid or ingorant - they know that. I really doubt that they would even try as they know it would be a fruitless endeavor.
When I retire (theoretically, in 3 to 4 years) - I will take up legal residence in S. Dakota (while still owning land here). At that point all of my guns will "go off the books" (unless S. Dakota or the feds changes their laws). As much as I thoroughly dislike Trump, it is possible that his election will give me that breathing room with respect to firearms.
What Orygun decides to do in the meantime or afterwards may still impact me though, as I may face laws similar to those in Calif. - I hope not.