Oregon Out of state family transfer question

[hongkong2]

Go visit, and just bring it home with you? Don't ask, Don't tell.

 

[Librarian]

Sometimes lawyers give incorrect statements of the law. The advice described above by the unnamed lawyer is flat out wrong. The residency of the transferor and transferee (and whether they have certain FFLs) is what matters, not the geography of where they are standing.

View attachment 1323380 View attachment 1323381

Exactly.

Interstate - based on the residence states of the parties - requiring an FFL has been law since 1968.

The risk is 5 years in prison and a $10K fine, as well as loss of gun rights forever.

You get to decide how likely your behavior would be to be detected, prosecuted, convicted, and actually punished at that level. Act in your own best interests.

 

[Tdunn541]

Ok. Got it.
Interstate transfers need to go through a FFL, even with parent/child transfers that *can* be paperless if both live in the same state. Interstate parent/child transfers can be shipped if both parties use a FFL to ship, and to receive the firearm. The only exemption in an interstate parent/child transfer is a background check isn't required.
So she can take it to a local California FFL, he will box it up and ship it to my FFL in Oregon and I can go pick it up without a background check.

 

[Camelfilter]

Ok. Got it.
Interstate transfers need to go through a FFL, even with parent/child transfers that *can* be paperless if both live in the same state. Interstate parent/child transfers can be shipped if both parties use a FFL to ship, and to receive the firearm. The only exemption in an interstate parent/child transfer is a background check isn't required.
So she can take it to a local California FFL, he will box it up and ship it to my FFL in Oregon and I can go pick it up without a background check.

I find it EXTREMELY unlikely that an Oregon FFL would hand over any firearm to anyone without a BGC. Even before the current Looney Tunes...

Ex:

FFL: here fill out this 4473.

You: but I'm a close relative.

FFL: oh, that's nice. However its in my bound book. I can't release it without following the law. Here fill out this 4473, and present your permit to purchase...

 

[Librarian]

I find it EXTREMELY unlikely that an Oregon FFL would hand over any firearm to anyone without a BGC. Even before the current Looney Tunes...

Ex:

FFL: here fill out this 4473.

You: but I'm a close relative.

FFL: oh, that's nice. However its in my bound book. I can't release it without following the law. Here fill out this 4473, and present your permit to purchase...

This.

And, probably a Permit to Purchase comes into play, unless enjoined.

 

[CorvallisOr]

I believe all interstate sales must go through an FFL regardless of familial status. Inheritance might be an exception but I'm not 100% on that.

Agreed. Under federal law, it must go through an FFL for any interstate transfer. In my Oregon law office, the probate attorneys have to take guns of the decedent to an FFL to ship if they are destined for an out of state beneficiary. They are shipped to an FFL in the recipients home town. If that state requires bgc or permit, then FFL must require it.

 

[Tdunn541]

I contacted my step mother because I just remembered she did an interstate California to Oregon transfer to my brother two years ago. My father passed away 6 years ago and she was sending him one of his revolvers. She's retired LEO also, not that they know all current guns laws, but my point is that she only will do things she believes to be legal and not try to skirt any laws.

So the transfer went as follows:
She brought it her local FFL. Filled out some paperwork. That FFL required the FFL in Oregon on the receiving end to fax or email them their information. They boxed it up and sent it to the FFL in Oregon. When it was received they called my brother, he went in and filled out a few forms. They handed it to him and he left with it. No BG check.
From what I've read online this is how it is supposed to go, and it did.
So I'll contact the FFL he dealt with and see how it goes in this current mess of new laws.

 

[Camelfilter]

I contacted my step mother because I just remembered she did an interstate California to Oregon transfer to my brother two years ago. My father passed away 6 years ago and she was sending him one of his revolvers. She's retired LEO also, not that they know all current guns laws, but my point is that she only will do things she believes to be legal and not try to skirt any laws.

So the transfer went as follows:
She brought it her local FFL. Filled out some paperwork. That FFL required the FFL in Oregon on the receiving end to fax or email them their information. They boxed it up and sent it to the FFL in Oregon. When it was received they called my brother, he went in and filled out a few forms. They handed it to him and he left with it. No BG check.
From what I've read online this is how it is supposed to go, and it did.
So I'll contact the FFL he dealt with and see how it goes in this current mess of new laws.

I'm confused. Is the firearm you are getting a gift, or an inheritance.

I do not believe a handgun to be handed to anyone by an Oregon FFL not to have done a background check.

is it possible you are mistaken?

 

[Tdunn541]

It's a gift. And no, there's is 0% chance I am mistaken. This is exactly how the transfer went believe or not. It's a matter of fact.

I'm confused. Is the firearm you are getting a gift, or an inheritance.

I do not believe a handgun to be handed to anyone by an Oregon FFL not to have done a background check.

is it possible you are mistaken?

 

[Yarome]

People makin mountains outta molehills.

Just sayin....





(@Barfly had the best advice so far.... and read a lot of tidbits of bad info mixed in with good, thereafter)

 

[Yarome]

Here's another for you.... when they are planning to come up for a visit, the "owner" can mail it up addressed to themselves to your home. Only they can open the package. When they arrive, they open it.....

If they forget and leave it at your home when they leave.....

All parts are legal and accomplish the end goal. You can take care of their firearm for them and use it with their permission until they make arrangements to retrieve it.

[Or you can just skip all the mailing junk and get your stories straight ]

Oregon doesn't require documentation for family transfers (which you aren't doing anyway.. because it's theirs... and not your fault they forgot it), but a side note.... Kalifederation DOES! I forget the exact name of the form, but family transfers have to be reported to the authorities. I believe it's within 30 days of the transfer. (But doesn't matter because... they didn't transfer it... they just forgot their rife up in OR)

IOW "Barfly" it!

 

[Barfly]

IOW "Barfly" it!

HAHA... Love it!