Oregon Out of state family transfer question

[Tdunn541]

I know parent to child transfers require no paperwork or dealer transfer.
But how can I go about doing a transfer of a rifle from my parent to me if the parent is in California?

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[TTSX]

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.

 

[titsonritz]

Step one: do it
Step two: STFU

 

[Tdunn541]

T

Step one: do it
Step two: STFU

I forgot to mention my parent would like to ship it to me. Kinda complicates it.

 

[titsonritz]

I forgot to mention my parent would like to ship it to me. Kinda complicates it.

It is a little late to be doing a transfer let alone shipping given 114.

 

[Tdunn541]

I just heard back from a FFL I inquired about this to.
He said it can just be boxed up and shipped directly to me.
Finally, something that's not over complicated.
Thanks guys !

 

[solv3nt]

I just heard back from a FFL I inquired about this to.
He said it can just be boxed up and shipped directly to me.
Finally, something that's not over complicated.
Thanks guys !

Trust but verified. The FFLs often do not know what they're doing.

 

[Tdunn541]

Trust but verified. The FFLs often do not know what they're doing.

You are right about that !
Minutes later I received another message from the same FFL saying he could be wrong. He doesn't know California law. With the state of affairs now, being a complete mess I'll wait until spring when I'm going to visit family. Pick it up in person. Safer that way!

 

[Barfly]

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

 

[Nosferatu]

Being interstate, GCA applies. Exception would be if the firearm was specifically willed to the recipient and they were not otherwise unable to possess a firearm.

If doing it in person in CA, CA state laws would apply.

Then there's the "do it and STFU about it" approach.

But I'm not a lawyer, I didn't stay at a Holiday Inn last night, your mileage may vary, eat your Wheeties and you get what you pay for.

 

[bionic knees]

be like Nike, just do it!

 

[One-eyed-jack]

A FFL is required for residents of different states, except for bequethed firearms. I cant think of any CA laws that might apply unless it's an assault weapon under CA law. Pops may find it easier to use an FFL to ship it.

ATF info on interstate transfers

To whom may an unlicensed person transfer firearms under the GCA? | Bureau of Alcohol, Tobacco, Firearms and Explosives

A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm...

www.atf.gov

Not an attorney.

 

[Camelfilter]

Could be your firearm, that you simply left in storage.

Pick it up next time you drive home, or have folks deliver it next time they drive up.

-Obviously I could be wrong. Don't do anything illegal.

If it wasn't Cali, I'd mention pick it up next you fly home. Easy peasy in other/normal states. Wouldn't for Cali...

 

[The Heretic]

Inheritance might be an exception but I'm not 100% on that.

Inheritance is an exception

To whom may an unlicensed person transfer firearms under the GCA? | Bureau of Alcohol, Tobacco, Firearms and Explosives

A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm...

www.atf.gov

Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

 

[Beeble_B]

I know parent to child transfers require no paperwork or dealer transfer.
But how can I go about doing a transfer of a rifle from my parent to me if the parent is in California?

I spoke with a lawyer about this and was told if you ship it, it MUST go through an FFL. If a state border is involved it is interstate and the FED's must be involved. If they hand deliver it to you in the state of Oregon then you do not need an FFL. You will also want to create a document showing that Father or Mother gifted the firearm to you and make sure you document date\time\photocopy of ID's, make\serial of firearm just for safety.

 

[Alexx1401]

The one could be BIG problem with doing this is was the gun in question papered to the parent? If so if you end up losing it reporting it lost could be a problem of jumping through hoops. If you just do not report it and it ends up at a crime they are going to go to your parents. Who then may well end up having to hire a lawyer. So make sure you want to take this risk just to get around the transfer laws. The risk is small but it is a risk.

 

[P7M13]

FFS, you're in K Falls. How far can it be?

 

[User 1234]

I spoke with a lawyer about this and was told if you ship it, it MUST go through an FFL. If a state border is involved it is interstate and the FED's must be involved. If they hand deliver it to you in the state of Oregon then you do not need an FFL. You will also want to create a document showing that Father or Mother gifted the firearm to you and make sure you document date\time\photocopy of ID's, make\serial of firearm just for safety.

If a person wants to do it legally, then it is the states of residence that matter. Even if a California resident travels to Oregon to deliver it to the Oregon resident an FFL dealer/manufacturer must conduct the transfer of possession for it to be legal. This is federal law and if caught/prosecuted it is a federal felony which means lifetime loss of gun rights.
Inheritance applies when the transferor is dead, which does not sound like the case here.

I am not a cheerleader for these laws, but if someone wants to make an informed decision them's the breaks.

 

[Beeble_B]

If a person wants to do it legally, then it is the states of residence that matter. Even if a California resident travels to Oregon to deliver it to the Oregon resident an FFL dealer/manufacturer must conduct the transfer of possession for it to be legal. This is federal law and if caught/prosecuted it is a federal felony which means lifetime loss of gun rights.
Inheritance applies when the transferor is dead, which does not sound like the case here.

I am not a cheerleader for these laws, but if someone wants to make an informed decision them's the breaks.

As I am not a lawyer, this is why I asked one. This is what I was told and is no way legal advice. Anyone with these types of questions should do their own research. I would recommend reaching out to an Oregon gun law lawyer to ask the question. They do not charge for asking the question and you can even ask the question on their website's and if you provide a phone number they usually call you to discuss.

 

[User 1234]

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.