Oregon Oregon transfer of semi auto rifle to WA resident procedure

[drstrangelove]

One thing to WA purchasers need to keep in mind for buying or transferring at an OR FFL,, is that the BRC time is incredibly lengthy in Multnomah county and it applies to any gun, unlike the 5min NICS checks for anything "other", shotgun, or nonSARifle that we enjoy in WA (however that is slated to end in a year or two). Makes the question of new item sales tax savings and/or waiting 3-4wks for your gun a serious consideration.

 

[K-22]

One thing to WA purchasers need to keep in mind for buying or transferring at an OR FFL,, is that the BRC time is incredibly lengthy in Multnomah county and it applies to any gun, unlike the 5min NICS checks for anything "other", shotgun, or nonSARifle that we enjoy in WA (however that is slated to end in a year or two). Makes the question of new item sales tax savings and/or waiting 3-4wks for your gun a serious consideration.

If you have your CWP, it is not too bad.
The las two transfers I did in Oregon were done at warp speed. Nearly immediate approval.
Best,
Gary

 

[drstrangelove]

If you have your CWP, it is not too bad.
The las two transfers I did in Oregon were done at warp speed. Nearly immediate approval.
Best,
Gary

Glad to hear that! Have OR/WA permits.

 

[SCARed]

I've got two OR FFLs that I trust. Both have told me that selling to a WA resident doesn't violate OR state or Fed. law, and that comes straight from their ATF contacts. One told me that they stopped selling to WA residents after being told by their ATF agent, that the WA attorney General has filed suit against a couple OR FFLs selling to WA residents.
The other has no problem selling to WA residents. We'll, he has no problem selling to me at least.
Although most of my guns are kept at a location in OR. I don't keep many at home. No room.

 

[SCARed]

Double tap.

 

[Sporting Systems]

I've got two OR FFLs that I trust. Both have told me that selling to a WA resident doesn't violate OR state or Fed. law, and that comes straight from their ATF contacts. One told me that they stopped selling to WA residents after being told by their ATF agent, that the WA attorney General has filed suit against a couple OR FFLs selling to WA residents.
The other has no problem selling to WA residents. We'll, he has no problem selling to me at least.
Although most of my guns are kept at a location in OR. I don't keep many at home. No room.

Federal law requires the selling dealer to comply with the laws of the purchasers state of residence, as well as the laws of the state of the selling dealer. May 1986 amendments to the GCA of 1968 as I recall is the code section. Have not seen, nor heard of any dealer being sued, cited or otherwise bothered by 1639 enforcement, certainly not the AG's office. I was the only one lucky enough to spend 8 hours with the AGs office in Seattle on the 1639 lawsuit.

U.S. Code, Title 18, Part 1, Chapter 44, Section 922

 

[dplev4]

Actually I was at a pawn shop in East Portland today and admiring an AR-15. The fellow at the desk told me there is no limitation to him selling me (a Washington resident) the AR-15 directly and that I could purchase without a wait or ship to a Washington FFL, if I wanted. I just needed to show proof I'd passed the test.

Opposite experience at several other Oregon gun shops but I after hearing that, I confess I have no clue what the law is or how it's applied. I do know that Attorney General Opinions are considered "advisory" and are not law, so maybe there is no bar to purchasing a semi auto in Oregon for Washington residents.

 

[officially5150]

I like the fact if the speed limit says 65 then doing 65 is legal and doing 66 is not.

 

[K-22]

Actually I was at a pawn shop in East Portland today and admiring an AR-15. The fellow at the desk told me there is no limitation to him selling me (a Washington resident) the AR-15 directly and that I could purchase without a wait or ship to a Washington FFL, if I wanted. I just needed to show proof I'd passed the test.

Opposite experience at several other Oregon gun shops but I after hearing that, I confess I have no clue what the law is or how it's applied. I do know that Attorney General Opinions are considered "advisory" and are not law, so maybe there is no bar to purchasing a semi auto in Oregon for Washington residents.

If Ya want to have some fun, contact a couple of the legislators that voted the bill in, and ask them to explain the law.

Best,
Gary

 

[officially5150]

If Ya want to have some fun, contact a couple of the legislators that voted the bill in, and ask them to explain the law.

Best,
Gary

And then if you really want to have some fun ask the atf.

Wait
no don't do that, for the love of God don't do that

 

[Sporting Systems]

If Ya want to have some fun, contact a couple of the legislators that voted the bill in, and ask them to explain the law.

Best,
Gary

but that law was passed by voters...your family, friends and neighbors. i-1639 "Safe Schools, Safe Communities".

 

[Sporting Systems]

Actually I was at a pawn shop in East Portland today and admiring an AR-15. The fellow at the desk told me there is no limitation to him selling me (a Washington resident) the AR-15 directly and that I could purchase without a wait or ship to a Washington FFL, if I wanted. I just needed to show proof I'd passed the test.

Opposite experience at several other Oregon gun shops but I after hearing that, I confess I have no clue what the law is or how it's applied. I do know that Attorney General Opinions are considered "advisory" and are not law, so maybe there is no bar to purchasing a semi auto in Oregon for Washington residents.

Its a federal law, and if anyone chose to enforce it, that dealer would lose their FFL in the snap of the ATF's fingers. But the law wasn't about enforcement or public safety, it was big gun control business at work.

 

[arakboss]

Some Oregon FFLs will still do a transfer of a semi-auto long gun to a WA resident. Call around to find one that will do the transfer. Money Market Pawn in Portland was still doing them as of a month or two ago. Other FFLs misunderstand the law or don't want to bother with the transfers.

 

[arakboss]

This is a quote from the Attorney General of Washington State concerning 1639. See bullet point #3:

What are the new requirements for purchasing, selling or transferring a semiautomatic assault rifle?

Certain existing laws that applied only to pistols were expanded by Initiative 1639 to also apply to semiautomatic assault rifles. This includes the enhanced background check requirement. Click here for more information on enhanced background checks.

After July 1, 2019, before delivering a semiautomatic assault rifle to a purchaser:

1. The dealer must receive a complete application from the potential purchaser. (Click here for more information on application requirements); and
2. The dealer must be provided proof that the purchaser has completed a recognized firearms safety training program within the past five years. (Click here for more information on training requirements); and
3. The dealer must initiate an enhanced background check with the police chief or sheriff where the purchaser resides. (Click here for more information on enhanced background checks); and
4. Ten days must have elapsed from the date of the purchase application or, in the case of a transfer, ten business days from the date a background check is initiated.

Unless an exception applies, a firearms dealer can be criminally charged for selling or transferring a firearm to a purchaser without first complying with the law regarding background checks, or for delivering a firearm to a person whom he or she has reasonable cause to believe is ineligible to possess a firearm. RCW 9.41.080.

After July 1, 2019, state law prohibits anyone who is not a resident of Washington from buying a semiautomatic assault rifle in Washington.

RCW 9.41.122

Out-of-state purchasing.

Residents of Washington may purchase rifles and shotguns in a state other than Washington: PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in Washington and in the state in which such purchase is made: AND PROVIDED FURTHER, That when any part of the transaction takes place in Washington , including, but not limited to, internet sales, such residents are subject to the procedures and background checks required by this chapter.

 

[Sporting Systems]

RCW 9.41.122

Out-of-state purchasing.

Residents of Washington may purchase rifles and shotguns in a state other than Washington: PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in Washington and in the state in which such purchase is made: AND PROVIDED FURTHER, That when any part of the transaction takes place in Washington , including, but not limited to, internet sales, such residents are subject to the procedures and background checks required by this chapter.

That's WA law...Federal Law requires dealers to follow the laws of the state they are are in, AND the laws of the buyers state of residence. Just saying...its federal law, and federal law takes precedent over state law. ATF confirmed the same to me when I inquired about or our Oregon FFL.

1. 18 U.S.C. §922(a)(3); 18 U.S.C. §922(b)(3).

18 U.S. Code § 922 - Unlawful acts

www.law.cornell.edu

(3)
any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

 

[Martini_Up]

Federal law requires the selling dealer to comply with the laws of the purchasers state of residence, as well as the laws of the state of the selling dealer. May 1986 amendments to the GCA of 1968 as I recall is the code section. Have not seen, nor heard of any dealer being sued, cited or otherwise bothered by 1639 enforcement, certainly not the AG's office. I was the only one lucky enough to spend 8 hours with the AGs office in Seattle on the 1639 lawsuit.

U.S. Code, Title 18, Part 1, Chapter 44, Section 922

I was wondering why I was pulled over for droving 65 mph in a 80 mph zone in Wyoming, I asked the officer,. " wtf? Sign reads, limit 80"…. said I had out of state plates and in my state the speed limit is only 55.

reading your post, I understand…. Infringements and similar such, not withstanding

 

[Sporting Systems]

I was wondering why I was pulled over for droving 65 mph in a 80 mph zone in Wyoming, I asked the officer,. " wtf? Sign reads, limit 80"…. said I had out of state plates and in my state the speed limit is only 55.

reading your post, I understand…. Infringements and similar such, not withstanding

Yup, the law is ineffective, ill prepared and a hot mess. Has done ZERO to combat "gun violence". That's why we're in Federal court fighting it....3 years later and still have the class on our website for free...saving WA citizens millions in class fees other places were charging for (some still are). 90,000 people later.

 

[arakboss]

...

That's WA law...Federal Law requires dealers to follow the laws of the state they are are in, AND the laws of the buyers state of residence. Just saying...its federal law, and federal law takes precedent over state law. ATF confirmed the same to me when I inquired about or our Oregon FFL.

1. 18 U.S.C. §922(a)(3); 18 U.S.C. §922(b)(3).

18 U.S. Code § 922 - Unlawful acts

www.law.cornell.edu

(3)
any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

Oregon FFLs that transfer semi-auto long guns to WA residents are following WA law as I referred to above. If WA wanted to prohibit the transfers of semi-auto long guns to WA residents by out of state FFLs they could have added language to RCW 9.41.122 prohibiting the out of state transfers for semi-auto long guns. It might have looked like this:

RCW 9.41.122

Out-of-state purchasing.

Residents of Washington may purchase non-semiauto rifles and shotguns in a state other than Washington: PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in Washington and in the state in which such purchase is made: AND PROVIDED FURTHER, That when any part of the transaction takes place in Washington , including, but not limited to, internet sales, such residents are subject to the procedures and background checks required by this chapter.

 

[User 1234]

...

Oregon FFLs that transfer semi-auto long guns to WA residents are following WA law as I referred to above. If WA wanted to prohibit the transfers of semi-auto long guns to WA residents by out of state FFLs they could have added language to RCW 9.41.122 prohibiting the out of state transfers for semi-auto long guns. It might have looked like this:

RCW 9.41.122

Out-of-state purchasing.

Residents of Washington may purchase non-semiauto rifles and shotguns in a state other than Washington: PROVIDED, That such residents conform to the applicable provisions of the federal Gun Control Act of 1968, Title IV, Pub. L. 90-351 as administered by the United States secretary of the treasury: AND PROVIDED FURTHER, That such residents are eligible to purchase or possess such weapons in Washington and in the state in which such purchase is made: AND PROVIDED FURTHER, That when any part of the transaction takes place in Washington , including, but not limited to, internet sales, such residents are subject to the procedures and background checks required by this chapter.

Why did you add words to the statute and bold them?

 

[arakboss]

Why did you add words to the statute and bold them?
View attachment 1162174

I was suggesting one way WA could have modified the statute if they had wanted to prohibit out of state FFLs from transferring semi-auto long guns to WA residents. They did not do this and that is why some Oregon FFLs (edit and presumably their Attorneys) believe it is legal to continue transferring semi-auto long guns to WA residents.