Washington's I-1639 effect on Oregon long gun purchases by WA residents.

Discussion in 'Firearm Laws & Legal' started by arakboss, Oct 6, 2018.

  1. arakboss

    arakboss
    Portland, Oregon
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    If this measure passes in WA, will WA residents between 18-20 still be able to buy rifles in Oregon under current Oregon laws?
     
  2. techiej

    techiej
    vancouver, wa
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    I would think not as you need to be eligible in your home state.
     
  3. Sporting Systems

    Sporting Systems
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    They will pass checks, but it will be illegal for them to possess the arms in Washington, outside of their home.
     
  4. mikemenzie

    mikemenzie
    Ocean Shores, WA
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    To purchase firearms out of state, even in a state that permits it, the sale has to be according to the laws of the home state of the buyer. For example, as an Oregon resident, you can't buy a firearm of any kind in Arizona as an out of state buyer from an FFL, unless it's shipped to your home FFL. But as a Washington resident, you can purchase long guns (not pistols) as an out of state buyer from an Arizona FFL, and pick it up from the Arizona FFL - only IF background check and all is done in accordance with Washington state laws, and the purchaser is legally allowed to own that firearm in their home state.
     
  5. arakboss

    arakboss
    Portland, Oregon
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    I can only speak from my experience as a Oregon resident buyer of a long gun in Washington State. In Oregon the law requires the OSP to perform the background check for firearm purchases. When I purchased the long gun in a Washington Walmart they used a different source (the FBI system i believe) for the background check. So they deviated from Oregon law to sell me the gun. That means I could have had reasons that made me ineligible to purchase a firearm that would have only shown up in OSP background check but not the FBI background check. So it seems the FFLs follow the federal rules and the rules of the state they are operating in. What am I getting wrong here?
     
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  6. arakboss

    arakboss
    Portland, Oregon
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    That is something I hadn't thought about. Can you explain this idea in more detail?
     
  7. Stomper

    Stomper
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    You are incorrect about an Oregon resident buying a long gun out of state, unless that is particular to Arizona. I’ve purchased long guns through an FFL while out of state w/o the slightest issue.

    That’s like saying someone couldn’t travel out of state to have an abortion if abortion is illegal in their home state, or it’d be illegal to go to Nevada to gamble or go to a “house of ill repute” if gambling and prostitution are illegal in your home state.

    Handguns do have to go through an FFL in the buyer’s home state, which may be purchased from an out of state FFL and shipped to the resident state FFL for the UBC and release to the buyer.
     
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  8. Stomper

    Stomper
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    That’s analogous to the DC gun ban that was overturned with the statement (paraphrased), a citizens 2A right to keep an bear arms for self-protection ending at their property line is ridiculous

    All these “feel good” restrictions haven’t made their way through the courts yet, and they stand a good chance of getting struck down.
     
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  9. mikemenzie

    mikemenzie
    Ocean Shores, WA
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    It's determined by Oregon, on this one. If memory serves, Oregon allows at purchase pickup of long guns only in contiguous states. Whereas Washington or other states might allow purchase pickup of long guns as long as the state you're purchasing in follow the same procedures that your home state would, which is (pretty sure I remember this one rightly) in line with federal law. Give me a bit and I'll try to wrangle up the laws in question, bud.

    -Mike
     
  10. The Heretic

    The Heretic
    Oregon
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    No - it used to be contiguous states (I am pretty sure that was federal law) but that no longer applies.

    The federal rule - as others have said - is that you can buy a long gun (not a handgun) in any other state where it is legal to do so in the state you are buying in and it you are a qualified buyer and the purchase is legal in your home state.

    However, as others have pointed out, FFLs in other states use their own state's laws and BGC systems, if any. They do not use the buyer's home state system, and I doubt they look up the home state's laws.

    E.G., I am betting that if you are a Calif. resident you can come up here and buy a long gun that is not legal to purchase in Calif., and I would bet that Calif. can't do anything about that as they cannot enforce their laws outside of Calif. - but if you take it back with you then you are breaking the law. Ditto with ammo; Oregon is not going to enforce California's ammo laws.
     
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  11. Sporting Systems

    Sporting Systems
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    Anyone can purchase a long gun in OR or WA and leave with it. OSP runs the same NICS check that WA, they just set up their own computers, assign some OSP people to staff it and charge you for it. Why let the dealers run the checks (like we do in WA), when you can make them input all the data and send it to the OSP computer to automatically run the check, and then collect their $10 right of passage. The do have a different portal into the LEEP system than WA dealers have.

    The nicest part of the Oregon system, they have a stolen firearm alert that pops up with the serial number. NICS and WA dont have that, because the serial numbers aren't reported to NICS. Of course, now the state has your firearm and serial number and I don't think they chunk them at the end of the year like they're supposed to.
     
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  12. The Heretic

    The Heretic
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    Exactly. It isn't the money as I doubt that it covers even a fraction of the cost of the system and having someone maintain it. It isn't about the stolen gun registry as they rarely get a match on that and probably don't follow up on it (at least not immediately). Who knowingly tries to sell a stolen gun thru the system? No one who has the brains they were born with.

    No - it is all about collecting those serial numbers.
     
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  13. mikemenzie

    mikemenzie
    Ocean Shores, WA
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    ORS 166.490 - Purchase of firearms in certain other states - 2017 Oregon Revised Statutes

    (1)As used in this section, unless the context requires otherwise:

    (a)“Contiguous state” means California, Idaho, Nevada or Washington.

    (b)“Resident” includes an individual or a corporation or other business entity that maintains a place of business in this state.

    (2)A resident of this state may purchase or otherwise obtain a rifle or shotgun in a contiguous state and receive in this state or transport into this state such rifle or shotgun, unless the purchase or transfer violates the law of this state, the state in which the purchase or transfer is made or the United States.

    (3)This section does not apply to the purchase, receipt or transportation of rifles and shotguns by federally licensed firearms manufacturers, importers, dealers or collectors.

    (4)This section expires and stands repealed upon the date that section 922(b) (3) of the Gun Control Act of 1968 (18 U.S.C. 922(b) (3)) and regulations pursuant thereto are repealed or rescinded. [1969 c.289 §§1,2,3,4]
     
  14. mikemenzie

    mikemenzie
    Ocean Shores, WA
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    This is what was cited to me when I was in Arizona as an Oregon resident and wanted to purchase a long gun from an FFL. They looked in their big book and said nope. So I bought a cap and ball revolver instead:s0114:

    Then a couple years later as a Washington resident, bought a long gun from a different FFL and they double checked to make sure Washington law regarding out of state purchase wasn't the same as Oregon's, because they couldn't sell to Oregon residents without shipping to their home FFL.
     
  15. arakboss

    arakboss
    Portland, Oregon
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    Is it fair to say the consensus so far is that WA residents 18-20 years of age, will still be able to purchase long guns in Oregon if I-1639 passes?
     
    Last edited: Oct 14, 2018
  16. IOM

    IOM
    ONP, Wa
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  17. MechaNik

    MechaNik
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    You definitely CAN buy from AZ as an OR resident, assuming it's a long gun. While I was in Phoenix this winter I inquired about exactly that at every single FFL I came across (at least a dozen) and all said it wasn't an issue.
     
  18. MechaNik

    MechaNik
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    Of course, there's also the chance none of them had any idea what they were talking about. Idk, I'm not a lawyer.
     
  19. WoodsPlinker

    WoodsPlinker
    Scappoose OR
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    I'll let James Madison do the talking on that one:

    "It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood."

    I probably broke three laws farting yesterday, have we gotten to the saturation limit on our legal system yet?
     
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  20. GWS

    GWS
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    You can still buy an AR-15 or M1A or 10-22 in Washington if 1639 passes. You'll just have to wait 10 days to pick it up, AS long as you're 21 or older AND you've signed away your right to privacy of your health records BUT... If you've ever purchased a gun in the state of Washington you will still have to go through an annual background check. It seems that not getting convicted of a felony or other disqualifying crime and not getting a 5150 is no longer sufficient to keep your gun rights. You will have to go somewhere to pay $25 (or more) to have some bureaucrat take their sweet time to verify that you have not been disqualified. The fact that you're not wearing a straight-jacket or phoning this in from County jail isn't sufficient, they will have to verify you can still own a firearm.
    So please don't think it won't matter if 1639 passes. It's a real poop-storm of bad law that's going to splatter on all of us.
    Tell your friends neighbors and anyone else who will listen...
    VOTE NO ON 1-1639
     
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