Selling an AR

[Jarhead 0311]

Hello folks

I'm a lurker to you all from the Southwest Firearms website and I have a questions for an Oregonian.
My son in law is down here in AZ visiting from OR. He wants to buy one of my AR's and another for a friend of his back in OR.
What needs to be done for this all to be kosher in OR. Its no prob for me to just hand them over to him here,
but what does he need to do up there?
Thanks for your help.

Dan

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[Helocat]

Dan,

Cool deal selling the son in law some hardware.

I am speaking from my own experience. Others may have additional input or comments.

The transfer has to be done by an FFL in the State of Oregon. The guns need to be shipped to the FFL in Oregon with a copy of your driver's license (ID) and a phone number for you. The Oregon FFL then processes the transfers as normal in Oregon to the new owners.

If sone in law drove down to see you and is asking to drive them back, you might call the Oregon FFL and see if that is legal. Not sure on that one if you, are not the one bringing them across state lines to OR.

 

[ma96782]

The simple

answer is......

If the transaction "occurs" in AZ.....you must follow not only the Federal Laws but also the laws of the State of AZ.

If the transaction "occurs" in OR.....you must follow not only the Federal Laws but also the laws of the State of OR.

NOT being an expert in either.....just visit your friendly FFL dealer and ask.

WHY bother?

Because it's easy to become a felon with a simple little mistake.

Aloha, Mark

PS.....it's "different"......speaking of "selling/transaction" vs doing the actual "transfer" (handing over the firearm). Yes, sales (even using the internet) can be done (mostly the Fed Laws govern that).

But then.......actually taking possession.....rrrrright, additional State (and/or local restrictions may) usually apply and especially if/when talking non-residents. So then.......doing the actual transfer (handing over of the firearm) depends on where the actual transfer is taking place. And, sometimes there are additional taxes, background checks and hoops to jump through (via State Laws, and/or in some cases County or City Laws). YES, in some places there are additional local laws that also must be adhered to.

 

[P7M13]

I looked into this for my own purposes, here is what I found.. You can sell him the AR in AZ, but has to be done at a FFL for him to bring across state lines.
Where it gets sticky, is selling him the AR for his friend. That, technically, is a straw transfer, and doesn't work well for anyone involved. Better to ship the 2nd unit to the friend's FFL of choice on his home state, OR. PITA, but better to keep your nose clean.

 

[Lasers]

Sounds like you can make the transfer legally to your son in Arizona without an FFL (note, I don't know this, just trusting you), but 100% when he returns to Oregon, he'll need to transfer it to his friend via an FFL and the friend will need to complete a BCG.

That, or they can get married, transfer to a Spouse does not require FFL

 

[Jarhead 0311]

I dont need to do anything here in AZ. I just hand them over, take his money and what he does after that is his business. What I dont want is for him
to take them back to OR and have him or his friend get hassled. Do you have registration in OR with all the new screwy gun laws?

 

[Helocat]

I dont need to do anything here in AZ. I just hand them over, take his money and what he does after that is his business. What I dont want is for him
to take them back to OR and have him or his friend get hassled. Do you have registration in OR with all the new screwy gun laws?

Thank god no special registration to own an AR in Oregon. We just have to do all private party transfers through an FFL.

 

[Lasers]

I dont need to do anything here in AZ. I just hand them over, take his money and what he does after that is his business. What I dont want is for him
to take them back to OR and have him or his friend get hassled. Do you have registration in OR with all the new screwy gun laws?

Sounds like you can make the transfer legally to your son in Arizona without an FFL (note, I don't know this, just trusting you), but 100% when he returns to Oregon, he'll need to transfer it to his friend via an FFL and the friend will need to complete a BCG.

That, or they can get married, transfer to a Spouse does not require FFL

 

[Jarhead 0311]

Hes already married to my daughter so now he'll have to become a bigomist so him and his buddy can give each other guns.
Glad I dont have to deal with that nonsense.
Thanks guys

 

[v1pe]

redacted

 

[User 1234]

Do not listen to the advice above.

There is a federal law issue and a state law issue.
Federal law requires that almost all transfers of possession (even if ownership does not change) of firearms between residents of two different states are processed through an FFL. There are a few exceptions for inheriting a gun from a deceased relative and for short loans for hunting. This has been federal law since 1968 and violating it is a felony.

Federal law also forces the FFL dealer to honor the law of the state where the transfer takes place and law of the state where the buyer resides. So you would have to know whether Oregon allows its residents to purchase AR's out of state and bring them back to Oregon. I do not know Oregon law.

 

[Jarhead 0311]

Thanks
Looks like I'm ok with AZ but not the feds. That figures
I know what I need to do now.

Do not listen to the advice above.

There is a federal law issue and a state law issue.
Federal law requires that almost all transfers of possession (even if ownership does not change) of firearms between residents of two different states are processed through an FFL. There are a few exceptions for inheriting a gun from a deceased relative and for short loans for hunting. This has been federal law since 1968 and violating it is a felony.

Federal law also forces the FFL dealer to honor the law of the state where the transfer takes place and law of the state where the buyer resides. So you would have to know whether Oregon allows its residents to purchase AR's out of state and bring them back to Oregon. I do not know Oregon law.

 

[PNWPrepper]

Tbh, I'm too lazy to ready all the comments. However this is what I know. I live in Washington, I buy all of my rifles in Oregon, mainly to avoid sales tax. As long as you follow your state laws (for me the Washington laws) in regards to owning banned/ regulated guns out of state. I can buy whatever rifle or shotgun I want as long as it's not banned in my state. So a California resident can't go to Nevada and buy a regular AR15, or even the 30 round mags. Even though it's legal where he bought it, it's not legal to possess it in California. This is because rifles and shotguns can be purchased in any state, you are only required to buy handguns in the state in which you reside when doing an official FFL transfer. So for your son in law. As long as Oregon hasn't passed any weird firearms restrictions on ARs, you guys should be able to go to any AZ FFL and do the transfer. Or if private transfers are legal in AZ, since the transfer would take place in AZ that should be legal as well. Just to play it safe, I would still go to the FFL not to risk anything.
This isn't legal advice and I am not a lawyer, these are just my understandings of the law.

 

[PNWPrepper]

Do not listen to the advice above.

There is a federal law issue and a state law issue.
Federal law requires that almost all transfers of possession (even if ownership does not change) of firearms between residents of two different states are processed through an FFL. There are a few exceptions for inheriting a gun from a deceased relative and for short loans for hunting. This has been federal law since 1968 and violating it is a felony.

Federal law also forces the FFL dealer to honor the law of the state where the transfer takes place and law of the state where the buyer resides. So you would have to know whether Oregon allows its residents to purchase AR's out of state and bring them back to Oregon. I do not know Oregon law.

In my experience this is not true. I go to Oregon FFLs to avoid taxes on rifles whenever I buy them, and I have friends that went and bought ARs when 1639 was enacted because they were 18 and 19 years old. I know the big stores like cabelas and sportsman's warehouse (in Oregon) follow the other states laws and won't sell semi autos to people from Washington anymore. But I have done and know of about 10-20 transfers that have been done in Oregon for people in Washington.

 

[ScottInPDX]

In my experience this is not true. I go to Oregon FFLs to avoid taxes on rifles whenever I buy them, and I have friends that went and bought ARs when 1639 was enacted because they were 18 and 19 years old. I know the big stores like cabelas and sportsman's warehouse (in Oregon) follow the other states laws and won't sell semi autos to people from Washington anymore. But I have done and know of about 10-20 transfers that have been done in Oregon for people in Washington.

Do keep in mind that just because people are doing it doesn't mean it's legal. Those "10-20 transfers" you cite may be at gun shops that either don't correctly understand the law or don't care enough to follow it. I don't know the laws well enough to provide an opinion on it, but I do know that this line of reasoning is faulty.

 

[dbg19]

Not legal advice obviously, but here's my two cents...

If your son's ID/ permanent residence is AZ, you could hand it over as private party sales are legal in AZ, between residents. Then, he'd need to legally transport the firearms back to Oregon, and transfer the second rifle to his friend via Oregon FFL. If your son's ID/ permanent address is Oregon, you'll have to do the transaction via AZ FFL to Oregon FFL, and he'd need to pick up at the Oregon FFL. Same goes for selling to his friend. You'll need to do an AZ FFL to Oregon FFL for both rifles, one for both your son and his friend. You can either do one for each, or you can just do one AZ FFL to Oregon FFL transfer to your son for both rifles, then your son would need to proceed to do a second transfer via Oregon FFL to his friend.