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question on interstate gun transfers

Discussion in 'General Firearm Discussion' started by aslinged, Nov 7, 2008.

  1. aslinged

    aslinged Southern Oregon Well-Known Member

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    I know it's against the rules to buy/sell face to face between WA and OR residents without the legal transfer papers. But what about just straight trades? I'm guessing it's still against the rules, but thought maybe someone here would know for sure. Thanks.
     
  2. caliber bob

    caliber bob Yamhill County, OR. Member

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    Really:confused: I thought it was all illegal. Dang, I would have contacted a lot more people in the past if I new that:(
     
  3. ZeroRing

    ZeroRing 26th District, WA Active Member

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    The next question then is... what sort of paperwork is needed in order to MAKE a trade legal?? Or is it simply not possible at all?
     
  4. aslinged

    aslinged Southern Oregon Well-Known Member

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    Thanks for the info.

    I think the question of making trades legal is about to get a whole lot more difficult to answer say around Jan. 20 or so. Hope not.
     
  5. fromotoc

    fromotoc Downtown Portland, OR Member

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    I am fairly certain that all firearm transfers across state lines need an ffl involved on the receiving end. An interstate transfer becomes a federal issue which they have federal regulations on, I believe. Selling or not, the firearm ownership is being changed, so I would think that you would need an federal firearms licensed dealer to deal with a federal issue. I searched for this info a while ago and found a law that stated as much, I will try and find it again.
     
  6. caliber bob

    caliber bob Yamhill County, OR. Member

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    Thanks!!!:)
     
  7. fromotoc

    fromotoc Downtown Portland, OR Member

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    The link where this came from is http://www.atf.gov/pub/fire-explo_pub/2005/p53004/index.htm .

    § 478.29 Out-of-State acquisition of firearms by nonlicensees.

    No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:

    (a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

    (b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of § 478.96(c) and

    (c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of §§ 478.30 and 478.97.
     
  8. Weebs

    Weebs Clackamas County Member

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  9. Oohrah

    Oohrah NorthwestSouthern Oregon Coast Member

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    Dealer to Dealer on ALL! Then dealer to buyer
     
  10. elsullo

    elsullo Portland Oregon New Member

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    Not correct for long guns across state lines. I researched this last Summer. Handguns must go owner-to-dealer-to-dealer-to buyer, but long guns can be shipped owner-to-dealer-to-buyer.

    U.S. Postal service is the safest and cheapest way to ship long guns!......................elsullo
     
  11. Teamowner

    Teamowner Vancouver, Wa. Member

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    Thanks to all. Now I may be even more confused by all the differing opinions.:eek:
     
  12. Oohrah

    Oohrah NorthwestSouthern Oregon Coast Member

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    Teamowner is correct in his explaination. Unless it's person to person IN
    STATE, it is supposed to go from out of state, to a dealer in the state of
    purchase. That dealer, records, and follows the state laws before turning
    the rifle over to the new owner. I guess with CMP, they serve as the dealer
    to you. Owners may send firearms to the factory, or gunsmith for repair
    without restrictions, but sales I guess it is one a way to keep written record
    of that firearm. I suspect that the future may hold that even person to
    person in state, will require the transaction to go through a dealer. I'm
    not sure, but I think Kalifornia's laws are that way, and include a waiting
    period.
    I know of a gun owner in Kalif. who pawned his shotgun until pay day.
    He found that paperwork the same as if he was purchasing it, needed to be
    filled out (Fee). Background check (Fee) Interest on the loan ??? When
    all this was completed, there was an eight day waiting period to get his
    own shotgun returned!
    In Oregon, dealer orders a Bushy from whatever source. Background and
    federal papers filled out (fee for background). Phone call the rifle is in,
    and you pick it up8)
     
  13. sweetbeard

    sweetbeard Beavertown OreGUN! New Member

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    Yup easier to buy from random dude in parking lot...

    Why do they make it so hard for law abiding people, and so easy for criminals???
     
  14. wichaka

    wichaka Wa State Well-Known Member

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    Sounds like we live in the Separate States of America..........whatever happened to the United part?
     
  15. PhysicsGuy

    PhysicsGuy Corvallis, OR Resident Science Nut

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    Its now the socialist states of america.
     
  16. Teamowner

    Teamowner Vancouver, Wa. Member

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    Is this different than the gun show. I was going to buy a rifle from a dealer there. I asked if it were possible to purchase a rifle and leave with it even though I was a Washington resident. He said I could purchase a rifle and walkout after the paperwork had been completed. ????? :huh: I went back after looking around a bit. My loss someone else beat me to it. I should have purchased it and walked I guess. You snooze you lose I guess. Was sales person mistaken? I'm sorry if this thread is becoming redundant. I'll probably be banned from site after making my small contribution. lol
     
  17. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    Non-licensees can ship handguns and long guns across state lines to FFLs.
     
  18. PhysicsGuy

    PhysicsGuy Corvallis, OR Resident Science Nut

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    There were FFLs with licenses in WA at the show that could do the background and transfer for you, which is the same as going to a shop in washington.
     
  19. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    Close.........

    WA FFLs can pick up the gun and bring it back to their WA location and transfer it there.

    FFLs cannot transfer at a location outside the state their license is in. (Even gun shows)
     
  20. PhysicsGuy

    PhysicsGuy Corvallis, OR Resident Science Nut

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    Then what was with all of the signs saying that they do WA transfers on site? Not that I'm disagreeing or anything, its just something I noticed at the show.

    Maybe they just take the gun into their possession (the FFL dealer) at the show, and then transfer it when they get back to their shop in WA.