Washington Sale of Semi Auto Rifle From WA to OR. Legal?

[GWS]

So the nephew of a friend wants to buy my Garand. He lives in OR while I live in WA.
Is there any law prohibiting my selling that rifle across state lines?

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[slimmer13]

No, though the transfer must go through an FFL in OR.

 

[Camelfilter]

Long guns can occur in any state, provided buyer abides own states laws.

It's handguns which must occur in buyers home state.

 

[CountryGent]

ATF entry here.

 

[GWS]

Thanks
I thought there was some 1639 BS prohibiting sale of a semi-automatic rifle out of state.
I probably confused that with 1639 "prohibiting" my buying one out of state. or who know?
Appreciate the input.

 

[slimmer13]

Long guns can occur in any state, provided buyer abides own states laws.

It's handguns which must occur in buyers home state.

1639 prohibited the sale of Semi Autos to out of state buyers.

RCW 9.41.124: Purchasing of rifles and shotguns by nonresidents.

app.leg.wa.gov

So essentially, out of state sales need to be handled like handguns.

 

[The Heretic]

Generally, state law cannot dictate/prohibit what happens in another state - that is what federal law is for.

So yes, you can bring a firearm to Oregon and sell it here, but long gun or handgun, all transfers must go thru an FFL here.

 

[Camelfilter]

1639 prohibited the sale of Semi Autos to out of state buyers.

RCW 9.41.124: Purchasing of rifles and shotguns by nonresidents.

app.leg.wa.gov

So essentially, out of state sales need to be handled like handguns.

Ahh...that truly confounds things!

 

[jbett98]

Is the buyer close to Portland?

 

[GWS]

1639 prohibited the sale of Semi Autos to out of state buyers.

RCW 9.41.124: Purchasing of rifles and shotguns by nonresidents.

app.leg.wa.gov

So essentially, out of state sales need to be handled like handguns.

If I understand that, I would need my FFL to ship it to his FFL,
What if I just take a drive across the river and meet him at an FFL in Oregon?

 

[GWS]

Is the buyer close to Portland?

Salem, IIRC, so i'd meet him in Tigard or Beaverton, maybe.

 

[The Heretic]

If I understand that, I would need my FFL to ship it to his FFL,
What if I just take a drive across the river and meet him at an FFL in Oregon?

That is what everybody does. It doesn't matter how the firearm gets to the FFL.

 

[GWS]

That is what everybody does. It doesn't matter how the firearm gets to the FFL.

Fair enough!
Thanks

 

[ma96782]

You live in Vancouver....
So, go to Portland and do the transfer at an OR FFL. Not to mention, that your buyer will have less of a hassel about the requirements of I-1639. Between OR and WA residents.....shipping is a PIA (IMHO) and seldom worth the extra expense.

Aloha, Mark

 

[gmerkt]

Long guns can occur in any state, provided buyer abides own states laws.

This is not universal. Some states (like Nevada, for example) permit long gun sales only to residents of contiguous states.

1639 prohibited the sale of Semi Autos to out of state buyers.

RCW 9.41.124: Purchasing of rifles and shotguns by nonresidents.

This is messed up. I think when I-1639 was written, it was never well-researched to consider the full legal impact of what was proposed. This part:

"Residents of a state other than Washington may purchase rifles and shotguns, except those firearms defined as semiautomatic assault rifles, in Washington"

It's my belief that this was intended to control sales WITHIN Wash. state. And there was no thought given to Washingtonians selling semi-auto rifles to non-residents through interstate commerce. Note the last two words in the quote above, "in Washington." Yet now this sentence seems to have been interpreted to mean any sale of a semi-auto rifle to any non-resident under any circumstances. And this is what the big lawsuit is about that has yet to be settled.

So essentially, out of state sales need to be handled like handguns.

I don't get this from my reading of it. So correct me if I'm wrong and show me why.

What if I just take a drive across the river and meet him at an FFL in Oregon?

That is what everybody does. It doesn't matter how the firearm gets to the FFL.

So when you go to an Ore. FFL dealer, doesn't he ask for ID from both parties? And if so, wouldn't he notice that the seller is from Wash.? And aren't Ore. FFL dealers in border areas aware of the situation with Wash. semi-auto rifles? What's the situation?

 

[BAJ475]

This is not universal. Some states (like Nevada, for example) permit long gun sales only to residents of contiguous states.

But this cannot override federal law that requires transfers to take place in buyer's state of residence.

This is messed up. I think when I-1639 was written, it was never well-researched to consider the full legal impact of what was proposed.

Bingo!

This part:
"Residents of a state other than Washington may purchase rifles and shotguns, except those firearms defined as semiautomatic assault rifles, in Washington"

It's my belief that this was intended to control sales WITHIN Wash. state. And there was no thought given to Washingtonians selling semi-auto rifles to non-residents through interstate commerce. Note the last two words in the quote above, "in Washington." Yet now this sentence seems to have been interpreted to mean any sale of a semi-auto rifle to any non-resident under any circumstances. And this is what the big lawsuit is about that has yet to be settled.

I don't get this from my reading of it. So correct me if I'm wrong and show me why.

I cannot because I think you are correct. Otherwise you would have to concluded that WA was trying and intended to regulate firearm sales in other states, which they cannot do.

So when you go to an Ore. FFL dealer, doesn't he ask for ID from both parties? And if so, wouldn't he notice that the seller is from Wash.? And aren't Ore. FFL dealers in border areas aware of the situation with Wash. semi-auto rifles? What's the situation?

Why would an OR FFL care what WA says? WA cannot tell those in OR what they can or cannot do in OR. Yes, the OR FFL would ask for the seller's ID so he or she can show where they got the firearm and put that information in their bound book.

 

[slimmer13]

I don't get this from my reading of it. So correct me if I'm wrong and show me why.

Here, the (A hole) AG office is talking about direct sales of semi autos to out of state residents by FFLs, but just like handguns, there's no requirement for a FFL to FFL transfer for private sales. You can drive the rifle yourself to the buyers FFL.

Does Initiative 1639 prohibit a federal firearms licensee (FFL) in Washington from transferring a semiautomatic assault rifle to an FFL in another state for its sale to a non-Washington resident?

No. Initiative 1639's amendment to RCW 9.41.124 prevents Washington FFLs from selling semiautomatic assault rifles directly to residents of another state. But nothing in the Initiative prohibits an FFL from transferring a semiautomatic assault rifle to an FFL in a different state, consistent with federal law—a practice long utilized for interstate sales of pistols and other types of firearms. For guidance on the rules and procedures governing interstate FFL-to-FFL firearm transfers, licensed firearm dealers should contact the Seattle Field Division of the U.S. Bureau of Alcohol, Tobacco and Firearms at (206) 204-3205 or

Initiative 1639 | Washington State

Initiative 1639: Frequently Asked Questions In November 2018, Washingtonians overwhelmingly adopted Initiative 1639, which made a number of changes to Washington’s firearms laws. The FAQs provided here answer questions that have come to our attention regarding this important public safety measure.

www.atg.wa.gov

 

[arakboss]

If I understand that, I would need my FFL to ship it to his FFL,
What if I just take a drive across the river and meet him at an FFL in Oregon?

You can drive over here to Oregon from WA and sell him a rifle or handgun through an Oregon FFL.

 

[The Heretic]

So when you go to an Ore. FFL dealer, doesn't he ask for ID from both parties? And if so, wouldn't he notice that the seller is from Wash.? And aren't Ore. FFL dealers in border areas aware of the situation with Wash. semi-auto rifles? What's the situation?

I have not heard - yet - of any FFL in Oregon, refusing to handle a legal transfer of firearms to any buyer in Oregon, which is what the OP asked about. I have also not heard of a refusal to transfer any long gun to a WA state resident, which in my interpretation, and I believe yours, is legal by both federal and the state laws of both Oregon and WA.

As I said earlier, these transfers happen a lot in Oregon, with Vancouver residents being just across the river, and I think we would have heard about any refusals NWFA members have had, here on the forum.

But I could be wrong.

 

[The Heretic]

WA state might be able to try to say a WA state resident can't buy something in another state, but that is interfering with interstate commerce. What WA state can say is that you can't bring something purchased in another state back into WA state - CA has done that.

Federal law/regs is a little bit grey in the area of firearms because it says the transfer must be legal in both states - but still, I strongly doubt that this was intended to control the transfer from a WA state resident to an OR state resident, by restricting the OR state resident to have to follow WA state laws on the transfer. And I strongly doubt that would ever hold up in court.