Oregon Process for selling a gun?

[Ken Finch]

I'm going to help a friend sell some guns from his father's estate. I've read a bit on the process but would like to run this by a few people who've done it. I'm presuming it goes something like this:

1) I list the gun(s) for sale.
2) Purchaser contacts me and expresses interest.
3) We meet at an FFL
4) Purchaser gives me $ and we do a bill of sale
5) FFL holds gun while running a BGC on purchaser (for a fee paid by purchaser)
6) Background check clears and Purchaser picks up gun?

Does that sound correct?

Thanks for any other info.

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[EaL]

Unless it is a rifle or shotgun. This usually doesn't involve having the firearm being held but it does happen. As to your steps you are correct.

 

[Camelfilter]

I'm going to help a friend sell some guns from his father's estate. I've read a bit on the process but would like to run this by a few people who've done it. I'm presuming it goes something like this:

1) I list the gun(s) for sale.
2) Purchaser contacts me and expresses interest.
3) We meet at an FFL
4) Purchaser gives me $ and we do a bill of sale
5) FFL holds gun while running a BGC on purchaser (for a fee paid by purchaser)
6) Background check clears and Purchaser picks up gun?

Does that sound correct?

Thanks for any other info.

Replace "I" & "me" with "your friend" in above. Unless you are an FFL.

In other words, they are not your firearms. You can't sell them. Alternatively, they are not a family member of yours firearms where they wouldn't need to be transferred to you first.

As you wrote above, your friend would have to transfer them to you first at an FFL. Then they would be yours, and you could do as you wish. Keep them, or sell them.

As towards a bill of sale? No longer necessary. I get a receipt from the FFL. Doesn't list purchasers nor my info, which I prefer. Both parties information are retained by the FFL.

If there is a future issue, I can refer to my records. X firearm sold at Y FFL on Z date. Go see them. Similarly with a purchased firearm.

 

[when_DM_smiles]

If you are just brokering the deal, then it is only a single bgc at the FFL: Seller (friend/estate) to buyer - but will likely require the presence of your friend (or estate representative)

The way I think of "Transfer" is physical & immediate possession of said firearm. If you show up with your friends for sale items at an FFL without your friend or a non-licensed transfer (w/bgc) to you, that is problematic.

ORS 166.435 – Firearm transfers by unlicensed persons

As used in this section, (a) “Transfer” means the delivery of a firearm from a transferor to a transferee, including, but not…

www.oregonlaws.org

I would check around at some local FFLs and see if they can help you with the transfer fees and their process.

 

[Ken Finch]

Thanks for the clarification on the laws. It looks like I'll either have to drag my friend into signing transfer documents for each sale, or have him transfer all of them to me legally so I can sell them. Anyone know of a FFL dealer in the Portland area who would do a transfer of 6 guns at the same time for a single fee and BGC?

 

[Camelfilter]

Thanks for the clarification on the laws. It looks like I'll either have to drag my friend into signing transfer documents for each sale, or have him transfer all of them to me legally so I can sell them. Anyone know of a FFL dealer in the Portland area who would do a transfer of 6 guns at the same time for a single fee and BGC?

IIRC they all would only charge the one BGC fee, and additional amounts per firearm. Some charge more, some charge less.

It's been a while, however Tigard Pawn For More used to be the best reasonable value for multiple firearms transfers at the same time.

Caution here, as multiple handgun transfers at the same time MAY cause delay issues (on top of whatever current backlogs are).

Also note current backlogs. For example if your friend transfers them to you it may be a few weeks until you can take possession of them from the FFL. If you have a concealed handgun license it should help bump you in the review qeue.

Best course of action would be for your friend to sell them directly (either meet buyer with you, or on his own). Or sell to you, for you to do as you wish.

 

[Ken Finch]

IIRC they all would only charge the one BGC fee, and additional amounts per firearm. Some charge more, some charge less.

It's been a while, however Tigard Pawn For More used to be the best reasonable value for multiple firearms transfers at the same time.

Caution here, as multiple handgun transfers at the same time MAY cause delay issues (on top of whatever current backlogs are).

Also note current backlogs. For example if your friend transfers them to you it may be a few weeks until you can take possession of them from the FFL. If you have a concealed handgun license it should help bump you in the review qeue.

Best course of action would be for your friend to sell them directly (either meet buyer with you, or on his own). Or sell to you, for you to do as you wish.

There are no handguns, just sporting rifles. I think I'm going to look into having my friend transfer them all to me in one transaction. Trying to keep the cost and complexity down. I realize the backlog of BGC is a thing and that could take a few weeks...

 

[Dornai]

I'm going to help a friend sell some guns from his father's estate. I've read a bit on the process but would like to run this by a few people who've done it. I'm presuming it goes something like this:

1) I list the gun(s) for sale.
2) Purchaser contacts me and expresses interest.
3) We meet at an FFL
4) Purchaser gives me $ and we do a bill of sale
5) FFL holds gun while running a BGC on purchaser (for a fee paid by purchaser)
6) Background check clears and Purchaser picks up gun?

Does that sound correct?

Thanks for any other info.

Don't need a bill of sale. Bills of sale were for back in the day when you did not need a BGC from an FFL to protect you in event of the firearm being used in a crime and the last "official" paperwork traces back to you. The BGC and transfer paperwork serves to protect you in the event the firearm is used in a crime now that that's the law.

 

[ma96782]

Then again.......

Your "FRIEND" could just deal with the FFL directly.
Thus, saving YOU the trouble of being involved.

Aloha, Mark

PS......

Think......Consignment or an outright sale to the FFL/Gun Shop?

Yeah.....I can remember many times being at a gunshop and someone comes in with an armful of firearms. Of course.....it's best to call in advance.

 

[Ken Finch]

Then again.......

Your "FRIEND" could just deal with the FFL directly.
Thus, saving YOU the trouble of being involved.

Aloha, Mark

The whole point is that my "friend" is busy and has no interest or time to deal with this. I've offered to help him out and have the interest.....

 

[ma96782]

The whole point is that my "friend" is busy and has no interest or time to deal with this. I've offered to help him out and have the interest.....

It was just a suggestion. As you're quickly LEARNING......that things might not be so easy (as you might have first thought).

Anyway......
We all have our own reasons for doing things.

Aloha, Mark

 

[Ken Finch]

It was just a suggestion. As you're quickly LEARNING......that things might not be so easy (as you might have first thought).

Anyway......
We all have our own reasons for doing things.

Aloha, Mark

Yeah, I knew there would be steps and process, but I'm interested in learning what those are, which is one reason I'm doing this. It'll take some time for sure but I'm helping a friend out, learning at the same time and will likely have a small share of the proceeds. What's not to like about it? Thanks.

 

[ma96782]

Don't get me wrong.
IMHO.....it's a noble deed that you're attempting to HELP a friend.

AND THEN.....
I could only imagine how much harder/more difficult the transfer process would/could be.

Rrrrrright......with "enhanced BGC laws and possibly more fees".....this might just be (for some) the last of the "good old days".

Sorry......I'm just thinking about the olden days of FREEDOM.

Aloha, Mark

 

[Hueco]

I second everything @Camelfilter wrote up above.

Also note that many gun shops will take the item to sale on consignment. This can be a great way to transact the sale, as your friend can drop the weapon off and then be free and clear of the remaining process, until such time as they need to be paid.

There is nothing stopping you from advertising on your friend's behalf, listing the sale here on this site (for example). You can field questions while funneling traffic to the gun shop for the sale to conclude. Gun shops are well versed in shipping weapons as well, which makes life a tad easier if you choose to sell out of state or out of local area. Of course, the price for such service is a consignment fee, but know that it is an option with some upsides.

Otherwise, if your friend really wants to be hands off on this, then they'd need to transfer you the weapons so that you may hold them through the sale.

Note that the ATF has rules around who can deal in arms (https://www.atf.gov/file/100871/download). While I think your helping your friend would be A-Okay, you may want to consider doing this all out of the goodness of your heart with zero profit motive, just in case. What I mean is: conduct your business in such a way as to not even give the perception of being "engaged in the business of dealing firearms."

I am no lawyer, this isn't legal advice; just wanted to make sure that you were aware of this law. Your dog will thank you for being extra cautious where the ATF is concerned.

 

[The Heretic]

I second everything @Camelfilter wrote up above.

Also note that many gun shops will take the item to sale on consignment. This can be a great way to transact the sale, as your friend can drop the weapon off and then be free and clear of the remaining process, until such time as they need to be paid.

There is nothing stopping you from advertising on your friend's behalf, listing the sale here on this site (for example). You can field questions while funneling traffic to the gun shop for the sale to conclude. Gun shops are well versed in shipping weapons as well, which makes life a tad easier if you choose to sell out of state or out of local area. Of course, the price for such service is a consignment fee, but know that it is an option with some upsides.

Otherwise, if your friend really wants to be hands off on this, then they'd need to transfer you the weapons so that you may hold them through the sale.

Note that the ATF has rules around who can deal in arms (https://www.atf.gov/file/100871/download). While I think your helping your friend would be A-Okay, you may want to consider doing this all out of the goodness of your heart with zero profit motive, just in case. What I mean is: conduct your business in such a way as to not even give the perception of being "engaged in the business of dealing firearms."

I am no lawyer, this isn't legal advice; just wanted to make sure that you were aware of this law. Your dog will thank you for being extra cautious where the ATF is concerned.

^^ This