Oregon Prosecution for illegal firearm transfer by legislative aide......

[jbett98]

If a firearm was bought from a private party in a face to face transaction before SB 941 went into effect and you loan it to your best friend today, how could anyone know that you didn't sell or give the firearm to your best friend before that law went into effect.

 

[Garg]

Exactly stupid un enforceable pos law...

 

[etrain16]

If a firearm was bought from a private party in a face to face transaction before SB 941 went into effect and you loan it to your best friend today, how could anyone know that you didn't sell or give the firearm to your best friend before that law went into effect.

You can't prove it. That's why some say that SB941 really only applies to guns bought new after SB941 went into effect - where it could be shown it was purchased after that date - which could also be checked by serial number date of manufacture, potentially.

It's a ridiculous law. And while they're prosecuting this gal under the law - did the law actually STOP a felon from getting a gun?? NO!! It proves the law is BS and can only be applied AFTER a crime has been committed. Therefore, it will stop no crime. Politicians in Salem and voters in PDX and other areas are too damn stupid to understand this basic premise.

 

[Garg]

Hey everybody, I just got elected, so lets all make some NEW laws.......FFS

 

[billdeserthills]

How does a regular fellow without LEO connections determine if a person is a convicted felon?
I know of people that were technically convicted of felonies decades ago when they were young and foolish, but are now impeccable citizens and pillars of the community.

Just asking doesn't cut it.

Good question, I actually have a couple of felony priors, but I have also had my rights restored twice--I also have a ccw, so I know I'm legal

 

[billdeserthills]

You can't prove it. That's why some say that SB941 really only applies to guns bought new after SB941 went into effect - where it could be shown it was purchased after that date - which could also be checked by serial number date of manufacture, potentially.

It's a ridiculous law. And while they're prosecuting this gal under the law - did the law actually STOP a felon from getting a gun?? NO!! It proves the law is BS and can only be applied AFTER a crime has been committed. Therefore, it will stop no crime. Politicians in Salem and voters in PDX and other areas are too damn stupid to understand this basic premise.

Unfortunately all laws are only enforced After they have been broken

 

[3MTA3]

If a firearm was bought from a private party in a face to face transaction before SB 941 went into effect and you loan it to your best friend today, how could anyone know that you didn't sell or give the firearm to your best friend before that law went into effect.

Nobody knows, but over time and for certain in one generation they will. In addition Governor Brown by Executive Order has mandated that the BGC records be maintained permanently by the OSP. So even though the Oregon Constitution states you can't have a gun registry:

1. Virtually all transfers get documented by the BGC process
2. The OSP keeps those records forever
3. Law enforcement has full access to those records
4. But it still somehow isn't a gun registry

When Oregon eventually passes confiscatory legislation that isn't grandfathered in (And the socialist supermajority eventually will) they will know which doors to knock on, I mean bust down at 3AM...

Still waiting for one of my state Senators or Congressmen to question the legality of the defacto gun registry.

 

[etrain16]

Unfortunately all laws are only enforced After they have been broken

Funny how that works. Yet they sell new laws as a preventative approach.

 

[etrain16]

Still waiting for one of my state Senators or Congressmen to question the legality of the defacto gun registry.

You're going to be waiting a looooooooong time

 

[HB of CJ]

Thank you all. More confusing here. Bear with me. You sell a gun. Both you the seller and he the buyer must go before an FFL holder. Then the FFL holder contacts Oregon State Police for a background check on the buyer. Only a BGC? Not running the private transaction through his FFL log/4473 books?

Does this mean the transaction MUST go through the FFL books? OR ... does the law mean that the FFL only conducts a background check for the private seller and DOES NOT RUN THE TRANSACTION THROUGH HIS FFL BOOKS.? The FFL guy conducts the check but no FFL entry? What about any seller BGC?

And ... can the private seller call the SP privately and have the OSP run a background check on the private buyer? Why the need for a FFL holder?

Thank you. Respectfully. Clear as mud.

 

[Garg]

Thank you all. More confusing here. Bear with me. You sell a gun. Both you the seller and he the buyer must go before an FFL holder. Then the FFL holder contacts Oregon State Police for a background check on the buyer. Only a BGC? Not running the private transaction through his FFL log/4473 books?

Does this mean the transaction MUST go through the FFL books? OR ... does the law mean that the FFL only conducts a background check for the private seller and DOES NOT RUN THE TRANSACTION THROUGH HIS FFL BOOKS.? The FFL guy conducts the check but no FFL entry? What about any seller BGC?

And ... can the private seller call the SP privately and have the OSP run a background check on the private buyer? Why the need for a FFL holder?

Thank you. Respectfully. Clear as mud.

HAHA... nobody knows....

 

[3MTA3]

Since it's ambiguous, if I were the FFL I'd log it.

 

[etrain16]

Thank you all. More confusing here. Bear with me. You sell a gun. Both you the seller and he the buyer must go before an FFL holder. Then the FFL holder contacts Oregon State Police for a background check on the buyer. Only a BGC? Not running the private transaction through his FFL log/4473 books?

Does this mean the transaction MUST go through the FFL books? OR ... does the law mean that the FFL only conducts a background check for the private seller and DOES NOT RUN THE TRANSACTION THROUGH HIS FFL BOOKS.? The FFL guy conducts the check but no FFL entry? What about any seller BGC?

And ... can the private seller call the SP privately and have the OSP run a background check on the private buyer? Why the need for a FFL holder?

Thank you. Respectfully. Clear as mud.

Having done a number of private sales post SB941, it sounds like you've got it. It goes on the FFL's books, just like they're bringing in a transfer from an out-of-state vendor. And, they charge you for that too. So now you pay $10 for the BGC plus whatever transfer fee the FFL wants to charge you. The good ones only charge $10-$15 on top of the BGC fee - the bad ones, I've seen up to $75 to conduct a private party transfer.

And no, you can't call the SP yourself, with ONE exception - if you are conducting the sale at a recognized gun show, you may call the SP yourself and bypass the FFL.

Why the need for the FFL holder? To make it harder on us. To cost us more $$. To impose a form of gun control on us without calling it gun control.

 

[etrain16]

Since it's ambiguous, if I were the FFL I'd log it.

I've spoken to several FFL's about this. They have all taken it on their books before transferring to the buyer. It's treated, at least in the case of those FFL's as any other incoming transfer would be.

 

[MrMillspecer]

My last transfer they charged me $15 to check the rifle I was selling. Then charged the buyer $25 for the transfer. Some shops were $50+. Trying to move guns with a $50 dollar penalty on top really sucks . The A holes are trying to price us out of selling or trading. And the high transfer costs benefit the shops to move their inventory instead.

 

[etrain16]

My last transfer they charged me $15 to check the rifle I was selling. Then charged the buyer $25 for the transfer. Some shops were $50+. Trying to move guns with a $50 dollar penalty on top really sucks . The A holes are trying to price us out of selling or trading. And the high transfer costs benefit the shops to move their inventory instead.

I think more than a few folks are doing business as usual and pretending it doesn't even exist. Heck, in some parts of the state, the Sheriff and even the prosecutors have said they won't go after this silly law. Now Multnomah County, I'm sure they'd love to catch someone trying to bypass the law.

 

[billdeserthills]

Funny how that works. Yet they sell new laws as a preventative approach.

The only buyers for that BS are liberal trash

 

[billdeserthills]

I think more than a few folks are doing business as usual and pretending it doesn't even exist. Heck, in some parts of the state, the Sheriff and even the prosecutors have said they won't go after this silly law. Now Multnomah County, I'm sure they'd love to catch someone trying to bypass the law.

around ten to twelve years ago there was talk of requiring private transfers for all private sale purchases in arizona--I remember lots of dealers were rubbing their hands together thinking about all that easy money, I'm glad it hasn't gone through

 

[Alexx1401]

So, according to you, in order to follow the law anywhere in the USA, a person that allows another person to touch a firearm is guilty of a crime without first following the steps outlined in Oregon's SB941 - no matter what state you are in. What a load of hooey.

No one here said that. This is a case that happened in OR. The woman violated an OR law. Not sure what it is you want answered here. Assuming, this is a guess, you are asking for some other state? Ok since you don't want to make clear what you want I will assume this. So in a state where you can legally sell or loan a gun to another adult. My guess would be as long as a prosecutor could not show you had reasonable knowledge the person you were handing the gun to could not have it, you would be safe. Now since you are purposely being extremely vague I have no idea if this is what you want to hear. As always I would not take any kind of legal advice of a forum. Is this what you are after, legal advice? If so poor place to look. The law in WA state, where you show you live, is about like the one in this case. You want to sell a gun you need to have a dealer do the transfer. So this includes a back ground check. At that point you would be in the clear selling the gun. This state also has some carve out for loaning a gun such as taking someone shooting. Again is this what you are asking? If you really have a serious question you are able to put into words, no doubt some here can point you in the right direction to find the answers. As always I would not take the advice given as gospel. If you are seeking advice on the law here or in some other state I am sure some could show you how to search for it and where to search for it.

 

[Alexx1401]

I think more than a few folks are doing business as usual and pretending it doesn't even exist. Heck, in some parts of the state, the Sheriff and even the prosecutors have said they won't go after this silly law. Now Multnomah County, I'm sure they'd love to catch someone trying to bypass the law.

While back Wife was gun shopping and LEO walked in and was chatting with counter guy as he was picking up a gun. This subject came up and the LEO claimed this county is not even having anyone try to catch this. I told her I was still not going to risk trying it just to save a few bucks. She has one older .22 pistol she wants to sell now and did not like taking the hit to sell it to the dealer. I told her I don't like it either but if we got into some legal hot water how stupid would we feel that we did this to save $50 or $100? It's not the sale that would worry me as much as if the gun ended up at a crime later down the road. Before the law I would make out a bill of sale to all the guns I sold. Keep these so if LEO ever shows up asking about a gun last papered to us I can show when and who it was sold to. Now if that happened I would be telling them I violated a law. So as much as I hate the stupid new law I am not willing to skirt it just to save the money hit selling something. One good this I guess is it keeps me from selling guns any more so I can't regret the sale later.