Family Firearms transfer between 2 states

This is a discussion on Family Firearms transfer between 2 states within the Defensive Carry Guns forums, part of the Defensive Carry Discussions category; I am an Oregon resident, but fly back to texas a few times a year to see family. I always check my G26 w/ American ...

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Thread: Family Firearms transfer between 2 states

  1. #1
    Member Array crf3973's Avatar
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    Family Firearms transfer between 2 states

    I am an Oregon resident, but fly back to texas a few times a year to see family.
    I always check my G26 w/ American airlines/TSA with no issues.

    I'm in Texas right now and my mother recently gave me her 15 year old S&W 4013 duty pistol.

    I was curious what I needed to do as far as paper work or any thing else, mind you there is no gun registration in Oregon.

    So I sent a quick email to Oregon Firearms Federarion asking if it was OK for me to just bring it back in my checked baggage.

    They replied with this:
    ---------
    This will be a felonious interstate transfer. It MUST be done through a dealer.

    Kevin

    BTW This would be a federal felony, Oregon has nothing to do with it.

    ---------

    Is this right? Do I need to go through the the FFL dealer shipping?

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    I agree - it is a federal issue. You will have to take the gun to an FFL and have him ship it to an FFL in Oregon; then he will run a background check and charge a transfer fee; the FFL in Texas will probably charge a transfer fee too.

    An alternative would be that your mother could bring the gun to Oregon on a visit and the two of you could go to a local FFL and have it transfered to you.

    I think that's about it.
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    Unless Oregon dealers are required by Oregon law to receive firearms only from FFL's, then there's no need for an FFL on the sender's end. It could just be shipped by your mom directly to the Oregon dealer of your choice.
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    VIP Member Array tkruf's Avatar
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    Forgive my ignorance, but if Oregon doesn't have a registry (which I believe no state should have a registry), then why would he have to do a transfer through an FFL? (Just so they know who has what????) If mom gives me a gun, I'm not taking it to an FFL. Do you put a .22 rifle in your kids name when you give him/her their first gun? No.

    Who's to say that the OP didn't take the gun to mom's on vacation and left it there for her to use or that mom didn't bring it up on vacation and leave it there for him to safeguard for her temporarily.

    Federal Government doesn't need to know that mom left a gun at son's house, or vice versa. Just because one is left there, doesn't mean it belongs to the person.

    It comes down to a matter of our Government trying to stick it's nose in and keep track of every gun you own. Registry or no registry.
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    Yep, those replies sound correct. Sucks doesn't it??? I just raninto a similar thing.

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    Quote Originally Posted by tkruf View Post
    Forgive my ignorance, but if Oregon doesn't have a registry (which I believe no state should have a registry), then why would he have to do a transfer through an FFL? (Just so they know who has what????) If mom gives me a gun, I'm not taking it to an FFL. Do you put a .22 rifle in your kids name when you give him/her their first gun? No.

    Who's to say that the OP didn't take the gun to mom's on vacation and left it there for her to use or that mom didn't bring it up on vacation and leave it there for him to safeguard for her temporarily.

    Federal Government doesn't need to know that mom left a gun at son's house, or vice versa. Just because one is left there, doesn't mean it belongs to the person.

    It comes down to a matter of our Government trying to stick it's nose in and keep track of every gun you own. Registry or no registry.
    I totally agree with you, however, the NFA law states that any gun that crosses a state line, has to go to a FFL. When you purchase something for your kids, you are putting it in your name sure, you are then giving it to your kids in the same state. That's OK in most states. It's that state line thing...

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    VIP Member Array tkruf's Avatar
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    Quote Originally Posted by SteveInWV View Post
    I totally agree with you, however, the NFA law states that any gun that crosses a state line, has to go to a FFL. When you purchase something for your kids, you are putting it in your name sure, you are then giving it to your kids in the same state. That's OK in most states. It's that state line thing...
    Who's to say she didn't "give" it to him while he lived in her state, then he moved to Oregon later?

    They have no way of knowing that. Government!!!!!
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    Member Array crf3973's Avatar
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    can't commit a felony as I'm preparing to be a LEO.

    Can't say I was the origonal owner as this pistol was issued to her from a city police department. She then bought it from the city so she could keep it after retirement.

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    VIP Member Array tkruf's Avatar
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    Here is another view.

    If I move to another state for temporary employment and I live in that state for atleast 90 days (some states it may be more like 6 months), that would make me a legal resident of that state. If I brought a gun with me to that state, then after I am a state resident I sell or give that gun to a family member who lives in the state or any other person for that matter, no FFL is needed.

    I'm not going to tell you to do something that you feel is illegal tho.

    It's a matter of opinion.
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    Better safe than sorry? Committing a federal crime is not on my to do list.
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    VIP Member Array tkruf's Avatar
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    Quote Originally Posted by ctsketch View Post
    Better safe than sorry? Committing a federal crime is not on my to do list.
    Mine either. I'm just saying.
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    Member Array crf3973's Avatar
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    So I just got off the phone with an FFL dealer here in Texas and told him my current situation.

    He said that it is not a felony for me to check it and fly back with it because she "gave it to me as a gift" and this was not an out of state purchase.

    He said it isn't a big deal since there is no firearm registration in Texas or Oregon...

    IM SO CONFUSED

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    Since you are preparing for an LEO career I would go by the book. You prob will have 40-50 bucks in transfer fees, but the gun is free, so do it the right way.
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    Check this link:

    http://www.law.cornell.edu/uscode/us...2----000-.html

    (3) is what applies to your I believe.

  16. #15
    Member Array crf3973's Avatar
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    Quote Originally Posted by fastk9dad View Post
    Check this link:

    http://www.law.cornell.edu/uscode/us...2----000-.html

    (3) is what applies to your I believe.

    This is section 3 for others viewing the thread:

    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

    IM STILL CONFUSED, lol

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