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So what is actually legal and what is not?

Discussion in 'Legal & Political Archive' started by Rascals, Jan 27, 2010.

  1. Rascals

    Rascals Portland Or Active Member

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    I know that an Oregon resident cannot buy a handgun from a private party in Washinton. But can you but long arms from private parties? Is it legal? Can they buy long guns from us?
     
  2. gnarkill

    gnarkill Richland, WA Member

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    My understanding is that any private firearm transfer, handguns or long guns, is illegal to residents of differing states. The gun must be transferred to an FFL in the buyers state.

    You can purchase rifles from an FFL dealer in any state, but can only buy handguns from the FFL in your state.
     
  3. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    You cannot buy ANY firearm FTF out of state.

    Long guns only allowed out of state through FFLs.
     
  4. tallshipsgo

    tallshipsgo Springfield OR Well-Known Member

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    Interstate Commerce Act (what gives the feds the right to regulate the firearms biz). You can't transfer a modern firearm (long gun or hand gun) over a state line without using an approved and licensed transfer agent (an FFL) as a receiver of said gun. It's not a big deal as you can ship a firearm directly to an FFL that will accept from a private party. You just have to ship it to an FFL or get in really, REALLY big trouble. I believe that you can ship a firearm directly to an individual within the same state (live in Bend and ship to someone in Medford for example) but not ever over state lines.

    I'm sure someone can correct any inaccuracies I may have proffered.
     
  5. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    You cannot buy a handgun outside of your home state from anyone.
     
  6. tallshipsgo

    tallshipsgo Springfield OR Well-Known Member

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    Without coming off as too confrontational: since when? I just sold a pistol to someone in another state and his FFL had no problems whatsoever accepting the item. I spoke with them in depth about it and according to the BATFE rules (which I believe I saw posted somewhere on this site) it's perfectly legal.
     
  7. glockguy

    glockguy Albany Oregon Well-Known Member

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    Soo Uh lets say I move to WA and I take my guns with me... and when I move there one of you WA guys wants to buy it does that mean I cant sell it to you cause I bought it in a different state?
     
  8. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    I must not be making myself clear.

    A person cannot drive across state lines and buy a handgun from a dealer. They can buy a long gun from the dealer though.

    A person cannot drive across state lines and buy ANY firearm FTF.

    A person can have a gun shipped to their dealer in the state in which they live and have it transferred to them.

    I thought the OP was asking about buying FTF from out of state, which is a felony.
     
  9. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    You can sell a gun to anyone legally allowed that resides in the same state that you do.
     
  10. tallshipsgo

    tallshipsgo Springfield OR Well-Known Member

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    All very true - I figured we'd clear up what needed to be done if he decides he wants something from someone in WA. I believe that someone from WA can travel to, say, Portland and make a transfer through an FFL though right?
     
  11. tallshipsgo

    tallshipsgo Springfield OR Well-Known Member

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    Hey Coctailer,

    I see where the confusion set in. Your reply to sheepdog223 seemed to preclude the legality of transfer (through FFL) pretty definitively. We’re all cleared up now though I think. :)
     
  12. coctailer

    coctailer Portland, OR/Hastings, MI/Vancouver,WA I run with scissors.

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    A person from WA can drive across the state line into Portland and buy a long gun from an FFL.
     
  13. TCOV

    TCOV OLYMPIC PENINSULA Active Member

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    Is it legal for a WA resident to travel into OR and make a private party sale to OR resident?
     
  14. motoman98

    motoman98 Gresham, OR Active Member

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    But it IS legal to drive accross state lines and transfer your pistol or rifle to a FFL holder?
     
  15. wichaka

    wichaka Wa State Well-Known Member

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    Someone pleeeeez tell me the intelligence behind these laws?

    What difference is there where one buys a gun? There shouldn't be. These laws/rules aren't stopping anything.

    Correct me if I'm wrong, but aint we the United States...or are we the Separate States?

    I don't have a problem with background checks, I believe we need to know who we are selling to. But not being able to do it across state lines?

    Whomever thought of that needs to be slapped!
     
  16. KENOC

    KENOC Portland area Member

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    I think some of us are making this more complex than it is.
    If you buy any gun from a private party in another state, you do it through an FFL.
    Cross state lines = use FFL= DO NOT GO TO JAIL.
    Simple.
     
  17. Bello425

    Bello425 Vancouver Well-Known Member 2016 Volunteer

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    There are exceptions (i.e.) Military if you are stationed in one State but reside in the adjacent state (OR and WA) you are considered a resident of both states. All you would need to do is show Orders showing your duty Station and ID, etc, etc.
     
  18. Redcap

    Redcap Lewis County, WA Well-Known Member

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    I agree.
     
  19. bcp

    bcp SW WA Member

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    IIRC, you can't even sell to a resident of your own state if you are out of state. For example, an OR resident can't sell to an OR resident at a WA gun show.

    Bruce
     
  20. bcp

    bcp SW WA Member

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    I believe the law is a hold-over from times before internet when records could only be checked by someone looking in a file cabinet at your local/state police department.

    Bruce