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Sell a Pistol in Another State??

Discussion in 'Firearm Laws & Legal' started by etrain16, Jan 31, 2016.

  1. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    I know I've seen this discussed before, but I'll be darned if the search is helping me find any threads on this question. I've done rifle sales in other states, it's fairly easy, but I know for a pistol it's a slightly different story.

    I think I have this right, but please weigh in if I've got this wrong. I have a pistol for sale in Oregon and a potential buyer in Washington. I know I can go to an FFL here in OR and have them ship it to an FFL in Washington. It's expensive and probably not worth the cost. That said, I seem to recall reading that I can take the pistol myself, up to Vancouver and conduct the transfer there - so long as the FFL is in the buyer's state.

    Do I have this correct? Can I drive the pistol up to an FFL in Vancouver and conduct the transfer there - without an Oregon FFL involved? I'm having a heck of a time trying to find this answer, so I would appreciate any input - especially if you've had actual experience doing this yourself.

    Thanks!!
     
  2. jbett98

    jbett98 NW Oregon Bronze Supporter Bronze Supporter

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    I just bought a mint in box un-fired Ruger Mark 1 "200 year commemorative" pistol from a member here that lives in Vancouver who drove to NE Portland and met me at a pawn shop near my home.
    He got there before me and I don't know what paperwork was filled out, but when I arrived I filled out the background papers and he then drove home with my cash while I waited for an OK from the state.
     
    etrain16 likes this.
  3. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    Thanks @jbett98, that would seem to confirm what I understand perfectly. I really appreciate that information.
     
  4. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    Just looking up the actual law on this - here is what I found:

    From: 18 U.S.C. 922(a)(5)

    (a)It shall be unlawful—

    (5)for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor 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 transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

    So, if I look at the underlined portion above, it would appear, per federal law, I can drive my pistol to an FFL (licensed dealer) in Washington, legally, and perform a transfer, to the FFL, who can then transfer to the WA buyer.