Rifle sale to out of state individual

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Hey all, I have a question that needs clarification or more conformation to tell me I am right. I had an individual contact me that would like to buy a rifle I have for sale, great news right? Well, after bickering on price I asked the "do you have an ODL and (optional) CWP?". Needless to say he said he just moved to Oregon but has not got an ODL yet because he is waiting for mail so he can get his ODL.
So short question after a long story. Is it legal even though he has no ODL? I am saying no, he is saying yes since it is private party. I find nothing on the ATF saying otherwise as far as no.

Any input?

Thanks All!
 

erslll

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If it were me in your situation, I would say no but I am not an expert or saying that is the law. IMHO, if he doesn't have a ODL it is to risky on whether he is an OR resident or someone with a story to buy your gun.
 
OP
Mason3379
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That is the way I felt about it. I told him I was willing to wait until he had an ODL but a prison sentence is nothing I am interested in.
 

etrain16

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If he's an Oregon resident, and so are you, and he's not restricted from owning, then, technically, it's legal. There are FFL's around town that will let you go in and run a background check for $10, which could give you some assurance that he's legal. For me, if they don't have at least a current ODL (I usually want to see a CHL too) I won't make a private sale.
 
OP
Mason3379
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If he's an Oregon resident, and so are you, and he's not restricted from owning, then, technically, it's legal. There are FFL's around town that will let you go in and run a background check for $10, which could give you some assurance that he's legal. For me, if they don't have at least a current ODL (I usually want to see a CHL too) I won't make a private sale.
That is exactly it. I have done numerous Private sale but I have always required an ODL at the very least, which he does not currently have. He is not happy but I told him I would not sell it to him until at the very least he has an ODL. He does have a CWP from the state which he just moved though. Still gotta cover myself.
Thank you for the input.
 

Joe13

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This is a private sale as I stated above.
So meet at any FFL in your area and do the sale that way...

It covers your behind and makes it all legal and nice for the Feds.

And the guy can still make the purchase in a timely manner. As long as he has $20 to toss the Dealer it shouldn't be an issue.
 

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