Quick question...Wash to Oregon transfers.

[Buckeyeguy98]

Just wanted to know if anyone has done a firearm swap/trade (2 way) lately... 1 going from Wash. to Oregon and vice versa. I just wanted to know if we can finish the transaction in one sitting ? Thanks in advance guys!!!

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[IronMonster]

Rifle yes, Pistol no.

 

[Buckeyeguy98]

Ironmonster thanks a ton....was looking to get a ar pistol in a trade but it is a 3 hr. drive so I wanted to make sure it could happen...sadly I am apparently still looking!

 

[The Heretic]

I've not done an OR -> WA as I don't sell my guns anymore, but I have bought both handguns and rifles from sellers in WA (I live in Orygun). The seller has to transport a handgun to an FFL in Orygun to sell to an Orygun buyer. That transport can be done in person or by shipping the handgun to the FFL.

This is true of all interstate handgun transfers - the buyer must buy in his/her own state and the seller must somehow get the handgun to an FFL in the buyer's state.

Long guns can be bought by the buyer in either state regardless of where you live - OR, WA, AK, AZ, WY, MT - as long as it is legal in both states it is okay with the feds. But interstate purchases must happen thru an FFL and be done in person.

So the answer is yes for WA to OR for both handguns and long guns. Not sure about someone from WA buying an OR handgun - something about a waiting period? I have not bought a handgun in WA since before the BGC laws went into effect (and I lived there).

 

[wired]

You cannot do it at one dealer.

Just like any other dealer purchased pistol. You are not buying from the person. You are "buying" from the dealer that handles the transaction. The other person just happens to be giving it to the dealer while you are there. Its really not that big of a deal. For cheap guns it doesnt make sense to ship because of the high cost of shipping but if its a border area thing like Vancouver /Portland or withing 50-100 miles of the border where both parties don't mind doing a little driving it works. No waiting period in WA for CPL holders. It takes a lot longer to transfer a gun in Oregon typically because the state police have to run the NICS check instead of the dealer. Woe be it unto you if you try to transfer a gun while a big gun show is going on. Costs on both sides. Best route is to find a non Richard head dealer who will ship a gun via USPS to the other dealer in the border state. My guy does it for $30. Then you never even have to go anywhere. Your dealer ships to WA , his dealer ships to your dealer. You go in sign the paperwork, pay your blood money and its a done deal. Problems arise on the Washington side when your dealer thinks he has to charge tax because its not a private party transfer even when it really is.

Hopefully the transferrer and the transferee can pass BGC's because if you cant the dealer's keeping it.

 

[clearconscience]

I did one a few months back.
And you have to do it at an FFL in each state.
There's an FFL on either side of the border usually not too far.

 

[DirectDrive]

I did one a few months back.
And you have to do it at an FFL in each state.
There's an FFL on either side of the border usually not too far.

Best answer ^^^ (handgun transfers)

 

[jbett98]

What if I'm selling a pistol to a guy in Washington and he is selling me a rifle.
Couldn't I travel to Washington from Oregon and do both transfers at his FFL.

 

[wired]

What if I'm selling a pistol to a guy in Washington and he is selling me a rifle.
Couldn't I travel to Washington from Oregon and do both transfers at his FFL.

Yes.

 

[The Heretic]

You cannot do it at one dealer.

I can. And I have. I have bought at least one handgun from a WA state owner who traveled to Portland and sold me a nice little S&W Kit Gun at an Orygun FFL. There was no transfer from FFL to FFL.

This question has come up time and time again - it did just a week or so ago and I quoted the ATF FAQ. In that case it was an FFL who was telling the seller he had to ship the gun. He did not have to. You can transport the gun yourself. You can even ship the gun yourself to an FFL if that is easier - you just have to do it correctly, but it does not need to be done FFL to FFL as long as the destination is an FFL.

Go to the ATF site and look at what they put in writing on their site - I am tired of going out and copy/pasting the actual laws, regs and ATF policies.

 

[wired]

In that case you had someone bring a pistol to your state to a dealer in your state . The dealer in your state took possession of the pistol and transferred it to you. No problem. There is no ( legal ) way the other person could have taken possession of a pistol from you had there been a pistol to pistol trade unless you went across the border to do the transaction at a dealer in his state.

 

[The Heretic]

What if I'm selling a pistol to a guy in Washington and he is selling me a rifle.
Couldn't I travel to Washington from Oregon and do both transfers at his FFL.

Yes you can. As long as the transfer is in the state of the handgun buyer, then you can transfer your pistol there and he can transfer his rifle there.

Now if you were both trading pistols, then you would need to do it first in one state then in the other for each handgun.

For long guns, any US citizen can buy a long gun in any state - but it has to be in person and it has to be from an FFL if you are not a resident of that state. Handguns must be purchased from an FFL in the state where you are a resident. You can go to another state where you are not a resident, pay for the handgun, but you cannot take possession there - it then has to be shipped to an FFL in your state where you may then take possession.

Any person may sell and/or ship any non-NFA firearm to any FFL, in any state, directly.

 

[The Heretic]

In that case you had someone bring a pistol to your state to a dealer in your state . The dealer in your state took possession of the pistol and transferred it to you. No problem. There is no ( legal ) way the other person could have taken possession of a pistol from you had there been a pistol to pistol trade unless you went across the border to do the transaction at a dealer in his state.

Yes, but the OP did not state handguns were being traded for handguns.

As I said in multiple posts, a person buying (or trading for) a handgun must do so in their own state.

 

[wired]

Yes but he did not clarify until later on the nature of the trade.

We are on the same page.

 

[The Heretic]

The law (and rules and regs) sucks and makes little to no sense, but it is what it is.

Unfortunately many people, including LEOs, FFLs and especially legislators do not comprehend gun laws. FFLs I can forgive. LEOs are busy with enforcing the law and can't be experts in every area and they are just human too so they go by what they hear instead of reading and understanding the law.

Legislators are supposed to be fluent in the law - they write the laws. They have no excuse.

 

[DirectDrive]

The person that is buying the handgun, must receive it through an FFL in HIS/HER state.
That, is Federal law.

It can be safed, boxed, fondled, polished and kissed, but at the end of the day, the above has to take place in order to be a legal transfer.

 

[jbett98]

The person that is buying the handgun, must receive it through an FFL in HIS/HER state.
That, is Federal law.

It can be safed, boxed, fondled, polished and kissed, but at the end of the day, the above has to take place in order to be a legal transfer.

Unless you're an FFL.

 

[The Heretic]

The person that is buying the handgun, must receive it through an FFL in HIS/HER state.
That, is Federal law.

It can be safed, boxed, fondled, polished and kissed, but at the end of the day, the above has to take place in order to be a legal transfer.

Lest we forget, there are still 'free states' where a private handgun/long gun transfers may occur, without an FFL being involved, without a BGC, as long as both buyer and seller reside in the same state, and the transfer occurs in the same state.

When I retire, I intend to take up legal residence in S. Dakota where currently there are no BGC laws for private transfer. I hope it stays that way for a while. At that point, all my guns will go off the book because I can sell them privately without any record, and at any point in time after that, I do not have to account for their ownership.

An interesting theory; if I buy long guns in WA state, OR state has no record of that sale?

If I sell a handgun in WA state, OR state has no record of that sale?

Without going to either WA state or the feds for those records, OR could not prove I still own those firearms?

 

[wired]

Yes and that is why I continually like to point out that we have no actual registration of firearms in Oregon or Washington. Sure you need to fill out a form when you buy one but that's when the paper trail goes dead. If the state cops come banging at my door asking to see my "registered" guns sorry man, I sold them years ago when I lived in a different state or I sent them to a dealer to transfer to someone else in another state. I dont recall where nor am I required by law to do so. Now go prove otherwise.

Now if the ATF comes to my door asking to see my NFA stuff that is a different story. That IS gun registration.

 

[The Heretic]

Plausible deniability.

If it comes to ban or even confiscation time, then it will be good to have plausible deniability.

I have little doubt that at such time there would probably be laws enacted to deal with such issues, but they can't be retroactive (at least not with our current legal system).