you know its ok to sell across state lines is what a local gun store said

[JayDub]

Not that this is necessarily the case with the FFL dealer in question here but several Vancouver/Portland area dealers are licensed in both states... they need to have a physical presence in both states and the actual handgun x-fer has to take place in the purchasers state of residence.

 

[Unka-Boo]

Not that this is necessarily the case with the FFL dealer in question here but several Vancouver/Portland area dealers are licensed in both states... they need to have a physical presence in both states and the actual handgun x-fer has to take place in the purchasers state of residence.

Can I get a .......that's what I was thinking....

 

[drewp]

Can I get a .......that's what I was thinking....

well like I said the main issue was that he told me with no misinterpretation on my part that oregon to washington residents can sell long guns face to face. I argued with him and he was pretty sure. Im just glad I didn't go off selling a bunch of guns in washington without an ffl involved

 

[The Heretic]

I wouldn't trust a LEO to know the law - half the time they are just flat wrong. Like anybody else, most don't dig into the actual law and read it and talk to an authoritative source (like a lawyer or judge - whose job it is to know and interpret the law) - they go by hearsay.

I wouldn't trust the ATF unless they put it in writing on official letterhead.

My assertions of what you can and can't do are based on reading the ATF website with their official references to the law and their interpretation of it.

 

[etrain16]

It's probably a good idea to have this discussion from time to time as a reminder to everyone here. The point here does seem to be clear - keep private sales of firearms only between residents of your own state. It's easy, simple and legal. I've had a number of WA residents contact me on listings before and I've politely told them "no" unless they want to cover the FFL transfer. None have agreed - and I always offer to split the FFL fee 50/50. I backed out of a transaction last year with a guy who said he was in the Dalles, then mentioned the day before we met that he would be coming in from Pasco. Of course that raised a red flag and I asked him if he was a WA resident - he said yes. The listing was WTS OR and he listed his location as The Dalles in the ad. I informed him that this was illegal, he said it wasn't. I backed out and left him with a link to the ATF site. He wanted to continue arguing the point, I cut off the conversation - no sale is worth a felony, period.

Now, a follow-up question - preferably to those who have actual experience doing this: Should I ever find it necessary to get a gun to a WA FFL or a WA resident to an OR FFL for a sale, I'm not 100% clear on this - does it have to be shipped? Say I'm selling to a WA resident, can I hand deliver to the FFL of their choice, or is it required to be shipped common carrier? I've not been able to get a clear read on that in the law. It would certainly save the shipping costs if that's the case, plus we could both meet there and not have to wait several days for shipping. What are your thoughts on that guys?

 

[JedB]

Etrain, hand delivery to the FFL is acceptable.

I bought a rifle from a WA resident. He drove across the bridge and met me at the PDX FFL. The PDX FFL did their background check, then I was able to receive the gun from the FFL.

Chain of ownership:
WA Resident
to
OR FFL
to
Me.

I also bought a rifle from an FFL in Texas. They shipped to my FFL.
TX FFL
to
OR FFL
to
Me.


In your case, it would be the reverse:
Etrain
to
WA FFL
to
WA Resident.

 

[mjbskwim]

Does the vendor in question have gun shops in both states?
If he is licensed for both states,he could in fact sell you a gun,and then do the transfer to the other store
Oh and don't just say it is ILLEGAL for a FFL from one state to sell to a person in another state,as some have done in here.
It's perfectly legal and happens everyday....with the proper paper work

 

[mjbskwim]

Etrain, hand delivery to the FFL is acceptable.

I bought a rifle from a WA resident. He drove across the bridge and met me at the PDX FFL. The PDX FFL did their background check, then I was able to receive the gun from the FFL.

Chain of ownership:
WA Resident
to
OR FFL
to
Me.

I also bought a rifle from an FFL in Texas. They shipped to my FFL.
TX FFL
to
OR FFL
to
Me.


In your case, it would be the reverse:
Etrain
to
WA FFL
to
WA Resident.

I believe a long gun can be done at the FFL in the state that the buyer is in as I bought a shotgun at Cabella's in Post falls and didn't have to transfer it to a WA dealer.
Or is this because Cabellas is in both states?

 

[etrain16]

Etrain, hand delivery to the FFL is acceptable.

I bought a rifle from a WA resident. He drove across the bridge and met me at the PDX FFL. The PDX FFL did their background check, then I was able to receive the gun from the FFL.

Chain of ownership:
WA Resident
to
OR FFL
to
Me.

I also bought a rifle from an FFL in Texas. They shipped to my FFL.
TX FFL
to
OR FFL
to
Me.


In your case, it would be the reverse:
Etrain
to
WA FFL
to
WA Resident.

Cool. Thanks for the detailed response. Seems easy enough to remain in compliance. Also makes me perhaps look a little closer at some of those WA listings

 

[JedB]

Cool. Thanks for the detailed response. Seems easy enough to remain in compliance. Also makes me perhaps look a little closer at some of those WA listings

Yes, I look at WA rifles and handguns without a blink.
I have an FFL in Olympia that I can deal with and he makes monthly trips to OR.
Yes, in some cases you would have to pay for two background checks, but it's a small price to pay for compliance and avoiding complications with the ATF rules.

For a handgun, chain of ownership.
WA Resident
to
WA FFL
to
OR FFL, then background check
to
Me

For Rifle in WA, chain of ownership
WA Resident
to
WA FFL, then background check
to
Me

 

[chunkeymonkey66]

Handguns across state lines are fine through ffl. Buyer usually pays the fees. Pretty common knowledge. So if I get a good deal on a handgun in Oregon. I will have it shipped to my FFL here in Washington. Its the law and good guys get to have their toys. No I do not agree with it, I just abide. Even carrying an Oregon CCW card does me no good. Hey...maybe someday the laws will change. Washington finally allows SBR and Suppressors. Now if we can get to full auto and auto knives we might have something to be excited about. Oh yea pot is legal here now, so there is that.

 

[deadeye]

I believe a long gun can be done at the FFL in the state that the buyer is in as I bought a shotgun at Cabella's in Post falls and didn't have to transfer it to a WA dealer.
Or is this because Cabellas is in both states?

You can purchase a long gun from an FFL in an adjoining state.

 

[etrain16]

Talking to a guy in WA about a shotgun - deal isn't set yet, but if it goes through does anyone have an Oregon FFL up in North PDX, preferably on the I-205 side of town that doesn't charge a huge fee?

 

[JedB]

You can also buy the shotgun in WA, at an FFL.

 

[etrain16]

You can also buy the shotgun in WA, at an FFL.

Good point. I keep forgetting I can do that for a long gun. It probably won't sink in until I actually do it.

 

[Mongo1]

I have purchased long guns in Washington, Idaho, Utah, Wyoming and Nevada. Directly from a local gun dealer. Buying a pistol can only be done if sent to an FFL in your home state.

 

[The Heretic]

I have purchased long guns in Washington, Idaho, Utah, Wyoming and Nevada. Directly from a local gun dealer. Buying a pistol can only be done if sent to an FFL in your home state.

This.

It used to be adjoining states, I forget why, but either I misunderstood or the law changed (or its interpretation), but it doesn't have to be adjoining - at least not for long guns.

May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?
Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller's licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser's State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee's business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

[18 U.S.C. 922(b)(3)]

https://www.atf.gov/content/Firearms/firearms-industry/FAQ-firearms

The ATF has all kinds of plain English online FAQs regarding firearms laws, including transfers/selling/buying. They do have to use certain terms, but a halfway intelligent person should be able to understand it.

 

[orygun]

Now, a follow-up question - preferably to those who have actual experience doing this: Should I ever find it necessary to get a gun to a WA FFL or a WA resident to an OR FFL for a sale, I'm not 100% clear on this - does it have to be shipped? Say I'm selling to a WA resident, can I hand deliver to the FFL of their choice, or is it required to be shipped common carrier? I've not been able to get a clear read on that in the law. It would certainly save the shipping costs if that's the case, plus we could both meet there and not have to wait several days for shipping. What are your thoughts on that guys?

I believe I posted this exact thing earlier in the thread...

I sold a handgun to a Washington resident and I am an Oregon resident. I drove and hand delivered the handgun to an FFL in Washington for the Wa resident to pick up later. Of course, I'm no dummy and I already had the cash (cleared check) in hand.

I also sold a rifle to a Washington resident. This, being a long arm, was transferred to the new owner at an FFL in Oregon.

 

[rick benjamin]

<broken link removed>

Contiguous States. The "contiguous state" provisions of the Gun Control Act (GCA), as enacted in 1968, allowed nonlicensed purchasers to acquire long guns from Federal firearms licensees (FFLs) located in a State contiguous to the State in which the purchaser resided if (1) the purchaser's State of residence permitted such sale and (2) the sale fully complied with the legal conditions of sale in both such contiguous states.

This provision of the GCA was amended in 1986 to allow FFLs to sell or dispose of long guns to residents of any other state (not just contiguous states) provided — (1) the transferee meets in person with the FFL to accomplish the transfer; and (2) the sale, delivery and receipt fully comply with the legal conditions of sale in the buyer's and seller's States.

A number of States patterned their laws after the original provision of the GCA that allows nonresidents to purchase long guns from FFLs only in contiguous states. Many of those States have not revised their laws to reflect the 1986 amendments to the GCA that allow over-the-counter sales of long guns to residents of any State, as outlined above. This has caused confusion among FFLs, who often read such "contiguous state" State laws as prohibiting sales to residents of noncontiguous states.

ATF does not read <broken link removed> as prohibiting sales of long guns to residents of noncontiguous states unless the language contained in that State's law expressly prohibits residents from acquiring firearms outside that State. Thus, if the language in the State laws authorizes sales of long guns to residents of contiguous states, that State law also authorizes the sale of long guns to residents of all other states.

 

[The Heretic]

<broken link removed>

Thanks