Private sale to Resident alien

Chalupacabra · Mar 17, 2013

I'm looking to sell a pistol to a friend who is a resident alien. We are both residents of Oregon and he has been here for at LEAST 8 years. I will be making up a bill of sale because he is naturally paranoid about owning a gun without some sort of "papers" to prove he acquired it legally. I KNOW that resident aliens can own firearms if they go through an FFL. My question is, Can he legally purchase one FTF from a private seller without doing a bg check like a citizen can? Thanks in advance for any help.

james83 · Mar 17, 2013

Yes its perfectly legal for a resident alien to buy firearms FTF in Oregon, I bought a number of guns in Oregon FTF before i was naturalized
a couple of those guns were bought privately from Police officers too.

Chalupacabra · Mar 17, 2013

Thanks for the reply :s0155:

Blitzkrieg · Mar 17, 2013

I seem to remember you needed a state issued card in order to do so.. has NICS replaced that?

james83 · Mar 17, 2013

Blitzkrieg said:
I seem to remember you needed a state issued card in order to do so.. has NICS replaced that?

Is that a requirement in WA? I do not think it is a requirement in OR but i could be wrong. I got my infomation about FTF sales in OR from my immigration lawyer but that was a few years ago so perhaps things have changed.

To the OP perhaps you should enquire about the state issued card? I was only replying from my experience before i was naturalized.

PiratePast40 · Mar 17, 2013

Wading through the laws can be difficult. Might want to read the FAQ section at the OFF web site; Oregon's Only No Compromise Gun Lobby - Oregon Firearms Federation
There are some references to the state law. If that fails, drop Kevin an email and see if he will direct you to the applicable statute.

Barefoot African · Mar 17, 2013

Don't do it without a FFL & NICS.

Yes, in most cases it is legal, but immigration is a very complex situation that can open yourself up to significant jeopardy. There are a ton of legal grey immigration areas and this is one of them. The FFL transfer will isolate you from risk.

8ball · Mar 17, 2013

james83 said:
Is that a requirement in WA? I do not think it is a requirement in OR but i could be wrong. I got my infomation about FTF sales in OR from my immigration lawyer but that was a few years ago so perhaps things have changed.

To the OP perhaps you should enquire about the state issued card? I was only replying from my experience before i was naturalized.

I don't believe Oregon has ever restricted firearm sales to permanent residents. The WA requirement for permanent residents to have an Alien Firearms card was rescinded in 2007 thanks to a lawsuit. It is no longer required for permanent residents.

WA State Licensing: Frequently asked questions - Alien Firearms License

Also, permanent residents don't need to show the FFL 90 days of utility bills for your 4473 anymore either.

<broken link removed>

The Department of Justice (the Department) has recently concluded that, as a matter of law, applying a more stringent State residency requirement for aliens legally present in the U.S. than for U.S. citizens is incompatible with the language of the GCA. As a result, ATF will be revising the regulations in 27 C.F.R. Part 478 to conform to the Department's conclusions by removing the separate 90 - day residency requirement for aliens. Once the regulations have been revised, both U.S. citizens and aliens legally present in the U.S. will be subject to the same requirements for State residen cy and proof of residency. ATF is in the process of amending its forms to conform to the statute as well.