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O.K. guys, I probably wont follow up on this thread to heavily myself but feel free to discuss my discoveries. I posted a handgun in the classifieds here and indicated that i am more a resident of Alaska than Oregon but wanted to sell my gun "no paper" private sale here in Oregon. almost immediately, the members here started sending me messages about residency and transfer restrictions... and rightly so! i was firstly, totally unaware that the feds were butting into yet another aspect of my freedoms but more importantly, members here clearly look out for one another and i appreciate it very much.
Now at first i was really pissed (at the Feds, not the members) that was followed by anxiety about selling my gun at all. I halted 2 sales on the uncertainty that i may be violating federal law, until i could fix it, side step it or comply with it. this was followed by determination to find out the exact information in hopes of a solution.
So you guys have forced me to study and get clear on this issue and now i share what i can.
I have what i think is great news on this issue! First the bad news is that members were generally correct: the Feds prohibit residents of separate states from transferring/selling privately owned handguns to each other without an FFL middle man. However...
The good news is that the "federal/ATF" definition of "residency" is the requirement to be met for a person-to-person private sale of a firearm. I will post that definition here:
27 CFR 178.11: MEANING OF TERMS (178.21 example 2)
Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.
ATF Rul. 80-21
"State of residence" is defined by regulation in 27 CFR 178.11 as the State in which an individual regularly resides or maintains a home. The regulation also provides an example of an individual who maintains a home in State X and a home in State Y. The individual regularly resides in State X except for the summer months and in State Y for the summer months of the year. The regulation states that during the time the individual actually resides in State X he is a resident of State X, and during the time he actually resides in State Y he is a resident of State Y.
(sorry to be redundant)
Anyhow, as you can see, the origin of the person's ID is of zero lawful consequence, only that the person does maintain any sort of household/domicile and that they are physically present. In my case it is even more concrete in that i have been here a short while, intend on staying longer (months) and hold a full time job here in state along with renting.
Lets spread the word that the "Oregon ID required" for a private sale is not actually correct, only "federal residency requirements" need be met to legally by/sell our private firearms! Woo-Hoo!
P.S. FFL's PLEASE share this with your peers as much as possible to free up some of those private firearms... Unless you want to collect the $30-50 transfer fees involved, but i ran an FFL for about a year and frankly those transfer transactions were not worth the money hardly ever and really just done as bothers and favors, so i imagine that is sort of universal?
Best all, happy shooting!!
Now at first i was really pissed (at the Feds, not the members) that was followed by anxiety about selling my gun at all. I halted 2 sales on the uncertainty that i may be violating federal law, until i could fix it, side step it or comply with it. this was followed by determination to find out the exact information in hopes of a solution.
So you guys have forced me to study and get clear on this issue and now i share what i can.
I have what i think is great news on this issue! First the bad news is that members were generally correct: the Feds prohibit residents of separate states from transferring/selling privately owned handguns to each other without an FFL middle man. However...
The good news is that the "federal/ATF" definition of "residency" is the requirement to be met for a person-to-person private sale of a firearm. I will post that definition here:
27 CFR 178.11: MEANING OF TERMS (178.21 example 2)
Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.
ATF Rul. 80-21
"State of residence" is defined by regulation in 27 CFR 178.11 as the State in which an individual regularly resides or maintains a home. The regulation also provides an example of an individual who maintains a home in State X and a home in State Y. The individual regularly resides in State X except for the summer months and in State Y for the summer months of the year. The regulation states that during the time the individual actually resides in State X he is a resident of State X, and during the time he actually resides in State Y he is a resident of State Y.
(sorry to be redundant)
Anyhow, as you can see, the origin of the person's ID is of zero lawful consequence, only that the person does maintain any sort of household/domicile and that they are physically present. In my case it is even more concrete in that i have been here a short while, intend on staying longer (months) and hold a full time job here in state along with renting.
Lets spread the word that the "Oregon ID required" for a private sale is not actually correct, only "federal residency requirements" need be met to legally by/sell our private firearms! Woo-Hoo!
P.S. FFL's PLEASE share this with your peers as much as possible to free up some of those private firearms... Unless you want to collect the $30-50 transfer fees involved, but i ran an FFL for about a year and frankly those transfer transactions were not worth the money hardly ever and really just done as bothers and favors, so i imagine that is sort of universal?
Best all, happy shooting!!