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Private sales or trades at/near a gun show?

Discussion in 'Legal & Political Archive' started by teflon97239, Aug 19, 2011.

  1. teflon97239

    teflon97239 Portland, OR Well-Known Member

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    Hate to seem ignorant, but I need to get straight on something so I don't run afoul of any federal laws at the gunshow. Thanks in advance for any guidance shared here.

    Gunshow sales/trades involving any dealer must be done with the background check and fee paid to be legal. Right so far?

    What about private party to private party? And is it okay to solicit for that?

    I often see people at gunshows with signs on their backpacks explaining what they have for sale or what they want to buy. Since, as an Oregonian, I can do private to private sales/trades most anywhere in the state, here's where it gets murky for me...

    If 2 private people at a gunshow walk outside to a car to do a deal is it legal?

    If they simply exchange contact info at the show and arrange a future meeting to sell/trade somewhere else, is that legal?

    I'd basically like to attend a gunshow and "advertise" a pistol for sale that won't even be with me. I'm also looking for a .44 mag lever, private to private. Is that okay, or does ATF have a problem with me trolling for private contacts on their turf?

    Any hidden traps or scams I should look out for beyond what common sense and reasonable instincts might dictate? Appreciate advice from those who know.
     
  2. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    why wouldn't it be legal? I know of no law that restricts such activity in OR or WA provided that both are residents of the same state where the transaction is taking place...
     
    mjbskwim and (deleted member) like this.
  3. torpedoman

    torpedoman land of corrupt politicians Member

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    you can buy or sell to/from a resident of your state (In most states) no paperwork a dealer at the show can sell his private owned guns like anyone else if they are on his business books that's a whole different matter. you can carry a sign advertising to sell your gun that you have with you (Hey i got this gun out back if you want to buy it just come out back with me and bring a pocket full of cash,, would you go?) there are no rules that say you can not carry a sign saying what you want to buy.
     
  4. mcathcart

    mcathcart Beaverton, Oregon Active Member

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    If I remember right the deal cant be made on the property(read parking lot) without BGC being done even for private sale. off property is OK
    get this: 2010uogl.jpg
     
  5. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    mcathcart that would just be in Oregon as per Oregon gunshow law, right? Any private party sale in WA is ok per usual fed laws but WAC shows require the sale to take place inside the venue or lose your membership.
     
  6. drew

    drew OR Well-Known Member

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    This is my understanding too. Oregon requires a BGC for private sales at gun shows.
     
  7. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Oregon requires a BGC at shows for private sellers unless you leave the property.
     
  8. Generator

    Generator Bend Member

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    This should be on a sign at every gun show. I always thought that you could private sale wherever, and I am glad that I didn't buy a gun (at 275% of value) from a guy who has it slung over his shoulder. I didn't know the rule, and if he didn't know the rules as well, we would both be in big trouble out of ignorance.

    The discussion about 'closing the gun show loop hole' led me to think that FTF was fine everywhere including OR.
    I'm glad that I'm better informed now.
     
  9. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    This is a good reason to get the book or read up on the state laws.
     
  10. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Oregon law requires any sale that was initiated, talked about or from just a sign and phone # at a gun show even though conducted off site must go through an FFL with the required paperwork.

    Pretty hard to stop but still the only "legal" way.
     
  11. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Please post/cite the reference/statute you got that from as the book from above states that nowhere in Oregon law does it state that.
     
  12. pokerace

    pokerace Newberg Well-Known Member

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    And that includes the parking lot!!!
     
  13. PlayboyPenguin

    PlayboyPenguin Pacific Northwest Well-Known Member 2016 Volunteer

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    There are laws in place in most every state I am aware of that prevent private sales anywhere on the premises of a licenses FFL. That means if I see someone try to trade in a gun at a dealer and then follow them out the door and offer to buy the gun from them I am breaking the law. I would imagine these same laws extend to gunshows (and yes, all adjacent parking to said FFL does count). It probably varies a bit from state to state.
     
  14. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    Yep, forgot to state that the parking lot is still considered part of the property.
    The book states that if you go to a parking lot down the street (burger joint) there isnt a specific ruling/law against it.
     
  15. Dayu

    Dayu Lower Columbia Basin Member

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    I would worry about a zealous prosecutor convincing an anti-gun judge there in Multnomah County (and I know of at least two) that the "transfer" occurred at the show and it was just set for a later "exchange." :paranoid:

    But at the moment, you're right, the statute just says: b) “Gun show” means an event at which more than 25 firearms are on site and available for transfer. (emphasis added)


    :eatpop:
     
  16. Generator

    Generator Bend Member

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    If this is such a common law ("most states" - from previous post) than why are anti-2A-congress-members fighting to make it a requirement in all states. Is the "Gunshow-loophole" already closed?

    It bugs that 1A protected discussions can be turned into 2A violations.
     
  17. mcathcart

    mcathcart Beaverton, Oregon Active Member

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    yep thats what I said too
     
  18. BSG 75

    BSG 75 Oregon Well-Known Member

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    Six states (California, Colorado, Illinois, New York, Oregon and Rhode Island) require universal background checks on all firearm sales at gun shows, including sales by unlicensed dealers. Three more states (Connecticut, Maryland and Pennsylvania) require background checks on all handgun sales made at gun shows.

    If you have been to a gun show lately you might have seen some blue forms near the door. That is the Oregon state form that is to be filled out for sales by unlicensed sellers at gun shows. It is similar to the Federal Form 4473 that you fill out for sales by FFL dealers. The Oregon State Police maintain a phone number to call 1-800-432-5059 for the instant background check. There is a $10 fee to be paid by the buyer.