Oregon firearm sale/transfer question

[AuJa]

Hello all,

Does it take just as long to sell a firearm to a private party as it does to buy a new firearm for yourself (I've read that it is taking 30+ days for some)?

Just wondering because I'm trying to get rid of my only gun (Sig P365) and would like to do it relatively quickly. If it's going to take a long time to do a private sale I'll just go sell it to a pawn/gun shop (I assume it would be quick for them to go through the process of purchasing for themselves being an FFL).

Thanks.

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[orygun]

A lot could depend on if the buyer had a CHL.
Also, if the FFL wants to hold the gun while the background check clears, the seller would be paid for the gun before the background check is started.

All of that is up to the buyer and seller. Be forewarned, a pawn shop will not give you the same amount a private party would. The pawn shop is in business to make money, not collect guns.

 

[BPS2271]

Hello all,

Does it take just as long to sell a firearm to a private party as it does to buy a new firearm for yourself (I've read that it is taking 30+ days for some)?

Just wondering because I'm trying to get rid of my only gun (Sig P365) and would like to do it relatively quickly. If it's going to take a long time to do a private sale I'll just go sell it to a pawn/gun shop (I assume it would be quick for them to go through the process of purchasing for themselves being an FFL).

Thanks.

You get paid by the buyer. The FFL takes possession of the gun and starts the transfer to the buyer. The gun no longer belongs to you and your end of the transaction is finished.

 

[raftman]

You get paid by the buyer. The FFL takes possession of the gun and starts the transfer to the buyer. The gun no longer belongs to you and your end of the transaction is finished.

Some (many?) FFL's are not taking possession… so the seller holds on to the gun until BGC clears.

In which case, it's a gamble as to how long it would take. There are still some reports of people being approved instantly but it's extremely likely to be a wait of weeks, perhaps months.

 

[BPS2271]

Some (many?) FFL's are not taking possession… so the seller holds on to the gun until BGC clears.

In which case, it's a gamble as to how long it would take. There are still some reports of people being approved instantly but it's extremely likely to be a wait of weeks, perhaps months.

Okay. The four I have done were not that way. In Washington, the FFL MUST take possession of the firearm until the background check is completed. May be different elsewhere I guess.

 

[orygun]

Okay. The four I have done were not that way. In Washington, the FFL MUST take possession of the firearm until the background check is completed. May be different elsewhere I guess.

The one time, which will forever be the last, Fisherman's Marine made me, the seller, hang around until the BGC was complete. It was obvious they weren't putting it into their book until then and wanted me handy if the BGC was delayed or denied.

 

[arakboss]

Hello all,

Does it take just as long to sell a firearm to a private party as it does to buy a new firearm for yourself (I've read that it is taking 30+ days for some)?

Just wondering because I'm trying to get rid of my only gun (Sig P365) and would like to do it relatively quickly. If it's going to take a long time to do a private sale I'll just go sell it to a pawn/gun shop (I assume it would be quick for them to go through the process of purchasing for themselves being an FFL).

Thanks.

Find a buyer and it only takes about 15 minutes for your part.

 

[HDR]

Careful people. OP just joined today. Just sayin..

 

[orygun]

Careful people. OP just joined today. Just sayin..

And he's gotten nothing but lawful answers.

 

[Robert Hood]

An FFL must take possession of a firearm in the transfer process. It gets logged into the A&D Book. If the seller stays for the process and the buyer is denied, then the seller may take the firearm home. Transaction done. If the seller leaves and the buyer is denied the seller must complete a BGC before retrieving his/her firearm.
Any FFL may purchase a used firearm from a seller. They may take a copy of your ID, but they must record in their A&D book who it came from. It then gets reported to local LEOs as a used firearm.

 

[Robert Hood]

Some (many?) FFL's are not taking possession… so the seller holds on to the gun until BGC clears.

This is not legal, and those FFLs are risking, losing their license.

 

[Robert Hood]

A sale transaction between private parties does not require an FFL. The seller may on their own contact OSP to conduct the BGC.
In this case the seller would retain the firearm until the BGC was complete.

 

[solv3nt]

This is not legal, and those FFLs are risking, losing their license.

I think that's a good place for "it depends". If the FFL logs it in, then logs it back out to the seller, then I believe (I'm not a lawyer, nor do I pay one on TV), that would solve the problem.

 

[Robert Hood]

If no BGC was started, then the seller can take it. Once the BGC is started, then it's in process. I am unsure how that works if the transaction was canceled. That would require a phone call.

I do know same day work as a Gunsmith does not need to be logged in the A&D.

 

[ilikegunspdx]

A sale transaction between private parties does not require an FFL. The seller may on their own contact OSP to conduct the BGC.
In this case the seller would retain the firearm until the BGC was complete.

 

[Pepe-lepew]

An FFL must take possession of a firearm in the transfer process. It gets logged into the A&D Book.

This is incorrect. Read the Oregon law. It specifically addresses when it gets put into the book when the FFL does not take possession. The law was clearly wrote for the option to ship or drop the firearm to the FFL or seller not transfer it to the FFL.

 

[Robert Hood]

View attachment 1340153
View attachment 1340154

Thanks for that!

 

[Robert Hood]

This is incorrect. Read the Oregon law. It specifically addresses when it gets put into the book when the FFL does not take possession. The law was clearly wrote for the option to ship or drop the firearm to the FFL or seller not transfer it to the FFL.

I don't see where it says ship it to the seller. I do see where it says ship it to the gun dealer of the transferees choice.

 

[awags_86]

Nothing to see here

 

[Pepe-lepew]

I don't see where it says ship it to the seller. I do see where it says ship it to the gun dealer of the transferees choice.

I can tell you have not read all of it yet. It is ORS 166.435