Washington Trading in Or as a Wa resident?

[PeteZahut95]

I'm looking to trade with a guy in Oregon, and I live in wa. I'm wondering how that works and what the process is going to be like?

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[No_Regerts]

If its a rifle or shotgun, he can come to you or vice versa. If its a pistol or AR stripped lower, the transfer has to happen in the buyers state of residence. I avoid transfers in OR because its slower, requires fingerprints, and is usually more expensive.

 

[PeteZahut95]

It's a handgun. He says his FFL dealer says he can do the transfer in Oregon even with me as the purchaser from wa? Just trying to get some info before I go out there. Thanks for responding

 

[No_Regerts]

It's a handgun. He says his FFL dealer says he can do the transfer in Oregon even with me as the purchaser from wa? Just trying to get some info before I go out there. Thanks for responding

Yeah, if you want to pay the OR FFL more money to send it to WA to do the transfer there, where you get to pay the WA FFL guy a fee as well and tax.

 

[PeteZahut95]

Ahh ok thanks for the reply!

 

[joken]

You each transfer in your state of residence. I have done it more than once. $25 total

 

[ACO]

My father lives in Oregon. He has talked about giving me one of his handguns, but as a WA resident. I just dont need the transfer hassle it will be with the new laws. I thought if he was on my Trust that it might be something he could add and then it's not his but the trust's. Dont know if that would work any better though.

 

[The Heretic]

May an unlicensed person acquire a firearm under the GCA in any State? | Bureau of Alcohol, Tobacco, Firearms and Explosives

May an unlicensed person acquire a firearm under the GCA in any State?
Generally, a person may only acquire a firearm within the person's own State. Exceptions include the acquisition pursuant to a lawful bequest, or an over–the–counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser's State of residence and the licensee's State of business. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C 922(a)(3); 27 CFR 478.29]

I.E., you may acquire a firearm out of state, as long as it is:

a) A rifle or shotgun.
b) The transfer is handled thru an FFL.
c) The transfer is legal in your state of residence.

If you are transferring a handgun, then that has to be done in the state of residence for the recipient of the handgun.

Otherwise, assuming the transfer is legal in the state of each resident, and the transfer(s) only involves long guns, then per federal law, it can be done in any state where it is legal.

Now how an FFL chooses to determine whether the transfer(s) comply with state laws is maybe another issue, but there is nothing in federal law that prohibits said transfer(s). Mandatory BGCs and waiting periods in a state where the transfer(s) does not take place? Ask a lawyer - IANAL but it seems to me that WA state cannot compel a WA resident to comply with WA state law while in Orygun, and vice versa. But if there is a problem with that, then it isn't a federal issue.

 

[No_Regerts]

+1

When two unlicensed persons (neither has a FFL) who are residents of different states transfer (sell, trade, or gift) a non-antique firearm - doesn't matter if it is a handgun or a long gun - then Federal laws apply. The transfer must go through a FFL in the home state of the receiving party. It doesn't matter if the people who reside in different states are family members, relatives, friends, or total strangers. State laws apply in addition to Federal laws.

In the case of a trade between two residents of different states that means two separate transfers at FFLs in the home state of each transferee, with twice the paperwork and fees. Doesn't seem like it's worth the hassle to me.

It also opens up the possibility of problems. Say you go to a FFL in the home state of the person you are trading with and legally transfer your gun to him. He now legally owns your gun. Then you arrange to meet at a FFL in your home state so you can transfer his gun to you and he doesn't show up. He doesn't answer your phone calls. He now legally owns your gun and you have nothing. Who needs a headache like that.

In my opinion if you are going to trade guns stick with people who are residents of your state. Or if you are trading with someone from a different state do two sales. When you transfer the first gun the receiving party gives the other the cash value of the gun as a kind of security deposit. Then when the second gun is transferred the receiving party gets the gun and gives the other guy his money back. That way if the guy who first received the gun changes his mind, flakes out, or disappears at least you have the value of your (now his) gun in cash.

Personally, trades just aren't worth the hassle to me. If there is a used gun I want I have no problem finding it for sale somewhere. Much simpler and straightforward to just buy guns I want and sell guns I no longer want in my opinion. Trading might have been great back in the day or today in free states but it isn't worth the hassle between residents of different states, or even between same state residents in states with so-called "universal" background check laws like CaliforniOreWashington.

Ive never had a problem receiving a rifle in my mon-resident state. Pistols and stripped AR lowers, yes. Rifles and shotguns, I've just got them wherever.

I think that provision means you, as a non licensed person, can't transfer the gun. An FFL dealer in a bordering state is a different story.

 

[No_Regerts]

From the ATF:


Notice it doesn't say "only handguns" or "except rifles". Just because you got away with it doesn't mean it was legal. A firearm transferring to you from an unlicensed resident of a different state must go through a FFL in your state, with certain exceptions such as if you have a FFL 03 and the firearm qualifies as a C&R. If you go to a different state you can't legally cash-and-carry a firearm from an unlicensed person back to your state (except if you have a FFL 03 and the firearm is a C&R). The seller is supposed to bring the firearm to a FFL in your state or ship the firearm to a FFL in your state so the FFL in your home state can do a legal transfer including a background check.

You can buy a long gun from a licensed dealer out of state as an over-the-counter (in person) transaction on his business premises, but not from an unlicensed person.

Its not about "getting away" with anything. If an FFL holder conducts the transfer and has a duty to do so by the law, its their license.

 

[No_Regerts]

And once the FFL takes and logs the firearm into their records, even the original owner has to complete a BGC if the buyer's BGC fails. If that is the case, isn't the FFL in possession and conducting an over the counter transfer? Not trying to start a pizzing match, but you'd think this is a road they've all gone down before.

 

[No_Regerts]

It is logged into the A&D (Acquisition and Disposition) record as a private party transfer. https://www.atf.gov/file/88181/download
If the buyer fails the background check and the seller takes the firearm back it isn't logged into inventory.

Basic rule: if you don't have a FFL and you are obtaining a firearm from an unlicensed (no FFL) resident of another state the transfer must go through a FFL in your own state. It doesn't matter if the firearm is coming from a family member or relative, what kind of gun it is, if you go to the state of the unlicensed seller, or if it is a gift, sale, or trade.

I'll talk to the ATF tomorrow, but if thats correct, there goes my plausible deniability.

 

[arakboss]

My father lives in Oregon. He has talked about giving me one of his handguns, but as a WA resident. I just dont need the transfer hassle it will be with the new laws. I thought if he was on my Trust that it might be something he could add and then it's not his but the trust's. Dont know if that would work any better though.

Couldn't your father just send the handgun to the FFL nearest to you? Then you go pick it up like any other firearm.

 

[ACO]

He could, and he should.

My concern is what happens to me when I take possession of a semi auto after new laws kick in. I'm trying to secure my collection before I have to deal with that sh!t. Also, I just felt it shouldn't be an issue between family. I just want sure what the interstate laws were.

 

[arakboss]

He could, and he should.

My concern is what happens to me when I take possession of a semi auto after new laws kick in. I'm trying to secure my collection before I have to deal with that sh!t. Also, I just felt it shouldn't be an issue between family. I just want sure what the interstate laws were.

I understand, it's a bunch of BS nowadays.