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The new Oregun gun laws and if it makes a C&R useless?

Discussion in 'General Firearm Discussion' started by Gaucho Gringo, Aug 25, 2015.

  1. Gaucho Gringo

    Gaucho Gringo Vancouver, WA Well-Known Member

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    I have been trying to find in this forum and Google if the new Oregon gun laws make a C&R basically useless? In applying for your C&R you have been vetted at the Federal level. It seems to me the level of scrutiny would be higher at the Federal level than at the state level. And I have my book on all of my transactions which like an 01 FFL is open to inspection at any time. How many people that hold a C&R have been involved in criminal shootings in the last 25 years? My C&R is up for renewal this year but if I have to go through the same background checks and the expensive of doing so it makes my C&R useless.
     
  2. Mephistopheles

    Mephistopheles Lane County, OR Bronze Supporter Bronze Supporter

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    You've probably found www.northwestfirearms.com/threads/sb-941-and-the-c-r-in-oregon.197474/ now . Seems to all point to the C & R is worthless in Oregon. If you do anything out of State, it would probably have purpose. Thinking of turning my C & R in so I won't have to hassle with the regs. (bound book, possible inspections). Just my interpretation.
     
  3. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    Yep, looks like it's not valid now (I never even got a chance to use mine, I think Salem owes me a refund :mad:)

    I'm waiting to see if anyone is willing to test this buy making a purchase from out of state from one of the C&R dealers. It seems clear what the rules are if you buy inside the state, outside the state, not so much. I'm kind of hoping someone will try it and report back :rolleyes:
     
  4. Provincial

    Provincial Near Salem, OR Well-Known Member

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    The way to attack it would be Federal Supremecy, since you are licensed by a higher level than the state. Having the license puts you on a different level than an unlicensed purchaser/seller.

    I would be like having an FAA pilot's license, and the State saying you are not allowed to fly within the State.

    This looks like a Second Amendment Foundation case.
     
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  5. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    Except for one thing. On the ATF's website as well as the paperwork for the license, it says you must follow state and local laws, and they can supersede the license. Several folks here have contacted the ATF who have confirmed the same thing. So yes, until it's challenged in court, the state can restrict even a class 03 FFL.

    Basically, the fed's point of view is that their jurisdiction is interstate transfer and sale of firearms. In state is up to each individual state, the ATF doesn't trump the state, at least in this respect. That's why I'm curious if you bought from outside of Oregon, say from AIM Surplus, could they ship it directly to you? In that case, it's an interstate transfer and SB941 is about in state private party sales.

    I'm tempted to try it myself, but I'm just not interested in getting in trouble, if there really is any trouble to be had.
     
  6. Mephistopheles

    Mephistopheles Lane County, OR Bronze Supporter Bronze Supporter

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    Getting into trouble is the real kicker here. I can see the State harassing anyone who challenges the bill. Everything from being pulled over by State Police to having your State tax file inspected. I can also see the "pacifistic" SB941 lovers threatening the life of not only the challenger, but their family too. Always loved a good fight, But with a family and long in the tooth, I'll have to leave the fight to someone else.
     
  7. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    So the real question, that remains unanswered so far, even by the State police is this - if someone bought out of state with a direct ship to their home under the C&R, how would the state even know? It's an FFL to FFL interstate transfer, Oregon wouldn't be involved.

    Just curious, not planning to actually try it.
     
  8. rick

    rick Close to Corvallis, Oregon Bronze Supporter Bronze Supporter

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    Read carefully this exerpt from SB941:
    • (c) “Transferor” means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee.
    • (2) Except as provided in ORS 166.436 and 166.438 and subsection (4) of this section, a transferor may not transfer a firearm to a transferee unless the transfer is completed through a gun dealer as described in subsection (3) of this section.

    An out of state FFL isn't a "transferor" by this definition. So, doesn't this mean a transfer from an out of state FFL to a C&R holder in Oregon is not subject to the background check requirement?
     
  9. etrain16

    etrain16 Oregon Bronze Supporter Bronze Supporter

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    That's how I've been reading it, the key being out of state. I'm certainty tempted to start watching those WA adds :rolleyes:
     
  10. wired

    wired Yakima Well-Known Member

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    None of this has been tested in the courts and the ATF hasnt weighed in on it yet. Everyones going by what the person who drafted the law has said publicly which essentially means squat.
     
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