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? regarding firearm sales

Discussion in 'Legal & Political Archive' started by Scoots, Dec 15, 2014.

  1. Scoots

    Scoots Brownsville, Oregon New Member

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    An out of state fellow wants to buy a shotgun of mine.

    I know the sale must go thru an FFL holder to transfer the shotgun.

    Do I have to deliver the shotgun to an FFL holder in his home state or can the the buyer meet me half way (which would be in Oregon) and transfer the shotgun thru an Oregon FFL holder?

    Thanks for your expertise.
     
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  2. solv3nt

    solv3nt Portland Well-Known Member

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    You must either ship the gun to an FFL in his home state or go directly to an FFL in his home state.
     
  3. Scoots

    Scoots Brownsville, Oregon New Member

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    Thanks for you expertise!
     
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  4. jbett98

    jbett98 NW Oregon Bronze Supporter Bronze Supporter

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    If you decide to ship it out of state, you will need an up to date copy of the FFL's license to show to the shipping company and a photo copy of the buyers drivers license for your records.
    I use UPS to ship, but you must take it to a central hub location, not a UPS franchise store.
    Handguns will require next day air shipping and only with FedEX & UPS.
    USPS will ship long guns, but they are a pain to deal with.
     
    Last edited: Dec 15, 2014
  5. Modeler

    Modeler Molalla, Oregon Soccer Fan

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    Make sure the FFL to which you are shipping will accept firearms from private parties; some won't.
     
  6. solv3nt

    solv3nt Portland Well-Known Member

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    I've only shipped a pistol through UPS, it cost about $80. USPS will ship a long gun, never tried it tho.
     
  7. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    Well,like or not,it depends on the location. Even up here one location will only deal with the local gs and everyone else 'can't do that'. Then the smaller one down the road ,sees no problem.
     
  8. jbett98

    jbett98 NW Oregon Bronze Supporter Bronze Supporter

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    Pawn shops are usually receptive to receiving firearm shipments from out of state by private individuals.
     
  9. JayDub

    JayDub I got your 6 Member

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    Unless there has been a recent change a person can purchase Long Guns (Shotguns & Rifles) out of state through a local FFL holder/dealer, so your buyer should be able to meet you at an Ore. dealer and legally do the transfer... not with handguns though, only long guns. Locate a dealer and give them a call!
     
    Last edited: Dec 15, 2014
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  10. Modeler

    Modeler Molalla, Oregon Soccer Fan

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    That is correct. I missed that part of the question... Yes, you can do a transfer to an out-of-state individual at an Oregon FFL as long as it is legal in both states. If your buyer is from WA, ID or NV you're good to go. If your buyer is from CA you're out of luck.
     
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  11. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Aye, important to know what state they are in.
     
  12. solv3nt

    solv3nt Portland Well-Known Member

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    Ha! I didn't even think of that.
     
  13. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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  14. JayDub

    JayDub I got your 6 Member

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    Admittedly I'm not an expert on this issue but are you certain about the CA thing?

    I'm of the opinion that there is no federal regulation that would prohibit the transfer*; is there actually an OR statute or law that makes it unlawful to make a transfer to a CA resident?


    * assuming that the firearm in question is not any kind of NFA or restricted item just a standard sporting or defense type of weapon.
     
  15. Modeler

    Modeler Molalla, Oregon Soccer Fan

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    That's what my employer tells me and I believe him, but I went ahead and looked it up.

    18 CFR 922(b)(3):

    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

    (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes​

    So if the buyer's state requires him to buy from an in-state dealer he's out of luck.

    From the California DOJ's Firearms FAQ Page:

    3. What is the process for purchasing a firearm in California?
    Generally, all firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a California licensed dealer under the Dealer’s Record of Sale (DROS) process. California law imposes a 10-day waiting period before a firearm can be released to a purchaser or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun, a person must be at least 21 years of age. As part of the DROS process, the purchaser must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles (DMV). A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

    If the purchaser is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing the firearms dealer with documentation containing his/her Alien Registration Number or I-94 Number.

    Purchasers of handguns must provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification), and either (1) possess a Handgun Safety Certificate (HSC) plus successfully complete a safety demonstration with their recently purchased handgun or (2) qualify for an HSC exemption.

    (Pen. Code, § § 26800-26850.)​

    I'm honestly not sure if that means that California residents can't buy long guns in Oregon; not sure that many dealers would risk it to a California resident though.

    Interestingly enough, Oregon specifically prohibits it's residents from purchasing firearms in non-contiguous states.

    166.490 Purchase of firearms in certain other states

    (1)As used in this section, unless the context requires otherwise:

    (a)Contiguous state means California, Idaho, Nevada or Washington.

    (b)Resident includes an individual or a corporation or other business entity that maintains a place of business in this state.

    (2)A resident of this state may purchase or otherwise obtain a rifle or shotgun in a contiguous state and receive in this state or transport into this state such rifle or shotgun, unless the purchase or transfer violates the law of this state, the state in which the purchase or transfer is made or the United States.

    (3)This section does not apply to the purchase, receipt or transportation of rifles and shotguns by federally licensed firearms manufacturers, importers, dealers or collectors.

    (4)This section expires and stands repealed upon the date that section 922(b) (3) of the Gun Control Act of 1968 (18 U.S.C. 922(b) (3)) and regulations pursuant thereto are repealed or rescinded. [1969 c.289 §§1,2,3,4

    The ATF also has a "State Laws and Published Ordinances" publication where you can go to read more; even though it says 2010-2011 it's still the most current edition.