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SB941 and NFA Firearm Transfers in Oregon

Discussion in 'Legal & Political Archive' started by telero, Sep 2, 2015.

  1. telero

    telero Salem area, Oregon Bronze Supporter Bronze Supporter

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    Now that 941 is in place, does that mean that the ATF would deny a person to person Form 4 transfer of an NFA item in Oregon? I would assume so since they check and follow state laws to make sure the transfer would be legal. Assuming that is the case, that means an extra $200 tax, plus NFA transfer fees to a dealer with their SOT.

    Not that there are a lot of person to person NFA transfers, but still quite a bit of an extra burden of both time (additional months) and money (additional $200).

    So how about if you have some NFA items registered to yourself but want to move them to a trust? Would that be considered a transfer outside of the defined allowable family members? What if you are the only one on the trust? Or what if the trust contains any person that is not part of the allowable family member list. Would each firearm you are transferring to the trust now have to go to an NFA dealer, also subject to the extra $200 per item, transfer fee, and time out of your possession while the additional transfer takes place?
     
  2. Hawaiian

    Hawaiian Tigard Oregon Well-Known Member

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    941 has no effect on title 2 firearms. An ATF background check has always been required to transfer a title 2 firearm.
    Transferring a personal title 2 firearm into a trust requires another tax stamp, always has. Nothing has changed. The only time a transfer does not require the $200 tax stamp is when the firearm is left to someone in a will.
     
  3. telero

    telero Salem area, Oregon Bronze Supporter Bronze Supporter

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    A background check is always performed on an individual that is receiving an NFA item. At least by the FBI during the the ATF is processing the application. Normally on the 4473 the dealer would check that the transfer is an NFA item and no NICS check would be required. I'm not clear on whether Oregon still requires a state run background check on NFA items going to individuals or not. I thought that I heard they were required by the state even though they are not required federally, but I haven't gone through that process myself.

    For a trust (or other entity) that the FBI can't do a background check on (yet, we'll see how 41P goes), from my understanding the state still wants a background check performed on the trustee that picks up the NFA item from a dealer.

    But we're not talking about dealer transfers in this case.

    For a non-dealer NFA transfer (between persons or entities), there would still have been an FBI background check for a person, but not for a trust. And SB941 doesn't say that an FBI background check is OK, it specifically says that both parties must appear at a gun dealer, that the dealer perform the background check, and the the transfer must be as if coming from the dealer's inventory. But for an NFA item to come from the dealer's inventory, it would have had to have been transferred to them, tax paid.

    So it appear that 941 does have an effect on NFA firearms as well.

    Yes, it has always required the additional tax. But if Oregon sees the trust as something other than one of the listed relatives, you'd technically have to transfer it to a dealer (tax paid), then back to the trust.

    Except that it might cost an extra $200. Plus dealer transfer fees, which are generally higher for NFA items.


    But now if that person in the will isn't one of the listed relatives in SB941, it seems like the NFA item would have to go to a dealer, then to the person. And I don't think the ATF will let the tax free transfer happen that way.