Quick clarification....Oregon to Washington sale

[Buckeyeguy98]

Just need a quick clarification. Can I ( an Oregon resident) sell a semi-auto rifle to a Washington resident? And if so, is it better to have that person come to Oregon or me going into Washington? Thanks in advance!

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[Nutty4Guns]

Yes, you will need to take it to an FFL in Washington to do the transfer.

 

[Buckeyeguy98]

Thanks

 

[oneday1]

They can purchase in OR but may require a waiting period iirc. Much better for the buyer if you can meet them in WA. If you don't have valid CCL in WA; firearm in trunk, preferably locked, magazines unloaded all that good stuff.

 

[User 1234]

Doesn't matter if OP has a WA CPL, rifles cannot be transported loaded in WA. Mags don't have to be unloaded. Best practice to avoid unwanted attention is to keep it in trunk or in case concealed from view.

 

[Alexx1401]

Make sure you and the buyer both understand the rifle is now an "assault weapon" in this state. So buyer can not just pay, do a BGC, and have the rifle. So since you are coming up here from OR, make sure you both can find an FFL here who is willing to hold the rifle for the buyer here. It's going to have to stay with the FFL here for a while sadly.

 

[K-22]

Just need a quick clarification. Can I ( an Oregon resident) sell a semi-auto rifle to a Washington resident? And if so, is it better to have that person come to Oregon or me going into Washington? Thanks in advance!

It is easier, (and legal) for all concerned, to do the transaction in Oregon.
This is a legal transaction in Oregon, and Washington state law has no bearing on a legal transaction conducted in Oregon.
Best,
Gary

 

[User 1234]

It is easier, (and legal) for all concerned, to do the transaction in Oregon.
This is a legal transaction in Oregon, and Washington state law has no bearing on a legal transaction conducted in Oregon.
Best,
Gary

The catch is that federal law requires FFL dealers in all states to follow both the law of the purchaser's residence state and the state where the dealer is located.

 

[K-22]

The catch is that federal law requires FFL dealers in all states to follow both the law of the purchaser's residence state and the state where the dealer is located.

If you would be so kind, please show me that statute, or tell me where I can find it.
Best,
Gary

 

[The Heretic]

If you would be so kind, please show me that statute, or tell me where I can find it.
Best,
Gary

May a licensee sell a firearm to a nonlicensee who is a resident of another state? | Bureau of Alcohol, Tobacco, Firearms and Explosives

Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a state other than the state in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser’s state of...

www.atf.gov

a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee's business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

 

[Alexx1401]

If you would be so kind, please show me that statute, or tell me where I can find it.
Best,
Gary

Ever since the voters here passed that inane law making things like 22 rifles that are semi "assault weapons", there has been a LOT of posts where someone from here, WA, got turned down in OR trying to get around it. Not a lawyer or FFL holder so not sure exactly the letter of law how this works. The way it happens though is many FFL's in OR just will not sell or transfer one of these to a WA resident. Many jump up and down and get real excited about this and blame the FFL holders. What most just can't, or do not want to get their head around is the FFL holder does not want the risk. If the WA AG decides to go after one for doing this the FFL holder has to hire his own lawyers. The WA AG has unlimited money to throw as many lawyers at it as he wants. So few, if any OR FFL's feel like taking the chance for the money they would make doing a transfer.
For those who want to get mad at someone for this the people to get mad at are gun owners in my state who twice ignored this law. They had a chance to stop it when it went in, and again to fight it when we tried to put it back on the ballot. Most gun owners ignored both. Now of course a lot of them are mad and want to take it out on someone else.

 

[The Heretic]

IANAL but I don't think the WA AG can do anything about enforcing WA law in Orygun - but the AG can talk tothe ATF and the ATF has their rule, which I assume is an interpretation of some part of federal law, and the ATF can, at the very least, pull an FFL's license, and probably prosecute them too if they see fit to.

 

[Alexx1401]

IANAL but I don't think the WA AG can do anything about enforcing WA law in Orygun - but the AG can talk tothe ATF and the ATF has their rule, which I assume is an interpretation of some part of federal law, and the ATF can, at the very least, pull an FFL's license, and probably prosecute them too if they see fit to.

Like I said I have no idea how it all works, just that ever since that inane law went in several were all kinds of mad that an OR FFL refused to let them buy things like a 10/22 there. Not having tried myself I had to "guess" the FFL holders just did not feel like getting on the bad side of Side Show Bob here. Just for the few bucks they would make. Bottom line the WA residents who get mad at the OR FFL's are mad at the wrong people.
WA gun owners had 2 chances to fix this mess and yawned and ignored both. So now they get to enjoy what they voted for.

 

[AK0perator47]

Like I said I have no idea how it all works, just that ever since that inane law went in several were all kinds of mad that an OR FFL refused to let them buy things like a 10/22 there. Not having tried myself I had to "guess" the FFL holders just did not feel like getting on the bad side of Side Show Bob here. Just for the few bucks they would make. Bottom line the WA residents who get mad at the OR FFL's are mad at the wrong people.
WA gun owners had 2 chances to fix this mess and yawned and ignored both. So now they get to enjoy what they voted for.

The outcome of lying about what people voted on... but really it's because people don't want the unnecessary attention as far as FFL one state and residents of another state... easy thing to do is ship the firearm to an FFL in the buyer state along with a copy of your DL and don't think about it

 

[Alexx1401]

The outcome of lying about what people voted on... but really it's because people don't want the unnecessary attention as far as FFL one state and residents of another state... easy thing to do is ship the firearm to an FFL in the buyer state along with a copy of your DL and don't think about it

That would work for the OP assuming he and the buyer both make sure the FFL they choose here in WA is willing to do it. Since the WA FFL has to be willing to hold onto the rifle for a good while. The WA FFL has to get the Fed's approval than has to get the State's approval to sell an "Assault Weapon" which is were it's a PITA. When this first went in here the first complaining I was seeing was people here who would drive down to OR for a 10/22. Thinking they could just buy it there and not deal with this hassle. IIRC it was Bi-Mart someone got all bent out of shape about first. Since they are famous for being hard to beat price wise on these. Well some got there, showed they were a WA resident and were told sorry, no. To which they of course got all mad at Bi-Mart for not having the balls to just sell to them. They of course did not want to hear it was not Bi-Marts fault gun owners here voted the stupid law in and did not care until it bit them in the butt of course
Since then the WA voters who shoot had another chance to take a shot at beating the law and again yawned and ignored it. Many of them are still to this day only finding out now about this law when they go to buy something like an old standby Marlin 60 or Ruger 10/22. Then they of course are mad at everyone except them selves that this law went in they had never heard of.
Another example of voters getting the government they deserve.

 

[AK0perator47]

Every ffl I have used in the last two years does it but I don't know about Vancouver area etc

 

[Alexx1401]

Every ffl I have used in the last two years does it but I don't know about Vancouver area etc

This is a great example of why I "try" to get people to ask BEFORE they start something. Have seen more threads than I could count that were all about someone who waited till something was in the works, to then find out the shop they picked had some kind of policy they did not bother to ask about. Transfers being a big one after the law went in where we had to use an FFL to sell here. This law with the so called assault weapon another. Hand guns is a big one after the Feds told WA they were tired of helping them and were no longer going to make it so those of us with a CPL could wave the waiting period here. People would start a buy, or a transfer with "well I was told this is how it works" then get all kinds of mad when the place they picked said no, that is not how they work. This is a great example. Don't drive to WA from OR only to then find out the shop does not want to do it. An amazing number of people jump into something then get over the top angry because they did not bother to find out how it works first.
When The Fed's told WA no more, if you want to waive the 10 day wait you have to set up something like other states have MANY found out the hard way. Pay for a gun, find out the state was often taking a month or more to give the OK. The started the crying. "Well I was told they had to let me have my gun after 10 days". Reality is no, the shop did not "have to" do this. Some FFL's would do this, especially if they knew the buyer. Many would ignore this, pay for a gun, then get screaming mad when the FFL would not let them have the gun until the state said go.
The TSA is a great example of this. Tell people flying with a gun that it's supposed to be easy BUT, give yourself plenty of time. 20 people will tell them "I do this several times a year at xyz airline and it's a cake walk. So they show up with no time cushion it's their lucky day. They get some moron who will not let them fly past and miss their flight. Then they sit waiting for the next flight saying but they told me this was easy.

 

[arakboss]

Just need a quick clarification. Can I ( an Oregon resident) sell a semi-auto rifle to a Washington resident? And if so, is it better to have that person come to Oregon or me going into Washington? Thanks in advance!

Call ahead to make sure nothing has changed but Money Market Pawn on Powell was still doing these transfers as of a few months ago. It's perfectly legal but you wanted short answer so I will leave it at that.

 

[arakboss]

It is easier, (and legal) for all concerned, to do the transaction in Oregon.
This is a legal transaction in Oregon, and Washington state law has no bearing on a legal transaction conducted in Oregon.
Best,
Gary

You are correct except Washington State law could have bearing in Oregon because of Federal rules but in the case of I-1639 and the enhanced background checks on semi-autos, it does not. The enhanced background check for semi-auto long guns only applies to transfers occuring in WA State.

 

[solv3nt]

You are correct except Washington State law could have bearing in Oregon because of Federal rules but in the case of I-1639 and the enhanced background checks on semi-autos, it does not. The enhanced background check for semi-auto long guns only applies to transfers occuring in WA State.

I'm not sure on the Washington thing, but for a time, I was a Hawaii resident with an annual long gun permit. I bought a CZ 455 in Oregon, then the FFL calls me up asking for my Hawaii permit, "it's in my safe in Hawaii". Long story short, I had to return the gun back to the store, the store have me a full refund.