Oregon Trip - Page 2

Oregon Trip

This is a discussion on Oregon Trip within the General Firearm Discussion forums, part of the Related Topics category; Originally Posted by PatrioticRick Let me ask a question here. A friend of mine is coming to visit from California, I live in Idaho, could ...

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Thread: Oregon Trip

  1. #16
    VIP Member Array PatrioticRick's Avatar
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    Quote Originally Posted by PatrioticRick View Post
    Let me ask a question here. A friend of mine is coming to visit from California, I live in Idaho, could he give me a gun that he brought with him?
    Quote Originally Posted by Captain Crunch View Post
    A longgun, yes. Handgun, no.
    For a handgun, could I take him to my local FFL and transfer it?
    Μολὼν λαβέ

    USN 78-82/USAF 82-93 Medically Retired
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  2. #17
    1943 - 2009
    Array Captain Crunch's Avatar
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    Quote Originally Posted by PatrioticRick View Post
    For a handgun, could I take him to my local FFL and transfer it?
    That would be the way to handle it.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

  3. #18
    Member Array TRICKORMATE's Avatar
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    Thanks..
    So just storing it in a Locked Case...

    Thanks.
    Read my story.

    http://www.defensivecarry.com/vbulle...ed-1994-a.html

    Pictures in page 5 & 6

  4. #19
    Ex Member Array NavyLT's Avatar
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    What the Federal Law says - handguns

    I would like to clear this all up, please. The Federal requirements for transfer of ownership of handguns interstate (across state lines) between non-FFL persons is contained in Title 18, Chapter 44, commonly known as 18 USC 922. It does not matter if the gun is given as a gift or sold. In brief, here are the requirements:

    1. If the seller/giver and receiver are residents of the same state, unless required by state law, such as Pennsylvania, no FFL is required.
    2. Otherwise, the handgun MUST go through an FFL in the RECEIVING person's state of legal residence.
    3. The handgun can get to the FFL in the receiving person's state a number of ways:
    a. The seller/giver can ship the handgun to the FFL. It cannot be mailed by USPS, but can be shipped via UPS, FEDEX, or any other common carrier who will ship the handgun.
    b. The seller/giver can take the handgun to an FFL and have them send it to the receiving FFL. The sending FFL can use the USPS.
    c. The seller/giver can transport the handgun in person to the receiving FFL. Transportation of the handgun is a completely seperate issue.

    If you want to argue with the above, here are the applicable portions of the Federal Statute:

    Sec. 922. Unlawful acts

    (a) It shall be unlawful--
    (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;
    (5) for any person (other than a licensed importer, licensed
    manufacturer, licensed dealer, or licensed collector) to transfer,
    sell, trade, give, transport, or deliver any firearm to any person
    (other than a licensed importer, licensed manufacturer, licensed
    dealer, or licensed collector) who the transferor knows or has
    reasonable cause to believe does not reside in (or if the person is
    a corporation or other business entity, does not maintain a place of
    business in) the State in which the transferor resides; except that
    this paragraph shall not apply to (A) the transfer, transportation,
    or delivery of a firearm made to carry out a bequest of a firearm
    to, or an acquisition by intestate succession of a firearm by, a
    person who is permitted to acquire or possess a firearm under the
    laws of the State of his residence, and (B) the loan or rental of a
    firearm to any person for temporary use for lawful sporting
    purposes;

  5. #20
    Ex Member Array NavyLT's Avatar
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    Federal Law regarding longguns.

    If you notice the above post, the Federal Law states FIREARMS. That means the same rules apply to rifles and shotguns, with the exception noted below. This means that rifles and shotguns may be received by the person buying or receiving the gift from an FFL in either the giver/sellers state or the receiving persons state, provided that both states' laws allow it. Another difference is that the longgun or shotgun may be mailed by USPS by a private party to the FFL that is going to be involved.

    In the OP's post, the transaction of receiving a longgun in Oregon by an Oklahoma resident would be illegal, because, I believe, Oklahoma law states that only purchases of longguns in adjacent states is allowed.

    Sec. 922. Unlawful acts
    (b) It shall be unlawful for any licensed importer, licensed
    manufacturer, licensed dealer, or licensed collector to sell or
    deliver--
    (3) any firearm to any person who the licensee knows or has
    reasonable cause to believe does not reside in (or if the person is
    a corporation or other business entity, does not maintain a place of
    business in) the State in which the licensee's place of business is
    located, except that this paragraph (A) shall not apply to the sale
    or delivery of any rifle or shotgun to a resident of a State other
    than a State in which the licensee's place of business is located if
    the transferee meets in person with the transferor to accomplish the
    transfer, and the sale, delivery, and receipt fully comply with the
    legal conditions of sale in both such States (and any licensed
    manufacturer, importer or dealer shall be presumed, for purposes of
    this subparagraph, in the absence of evidence to the contrary, to
    have had actual knowledge of the State laws and published ordinances
    of both States), and (B) shall not apply to the loan or rental of a
    firearm to any person for temporary use for lawful sporting
    purposes;

  6. #21
    Ex Member Array NavyLT's Avatar
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    Please be careful

    Quote Originally Posted by Captain Crunch View Post
    A handgun would have to be transferred from an OR FFL dealer to an OK FFL dealer.
    Quote Originally Posted by Captain Crunch View Post
    To be a legal transaction, it must be handled by an FFL on both ends.
    Quote Originally Posted by Captain Crunch View Post
    A gift of a shotgun from your friend would be perfectly legal. No FFL needs to be involved.
    Captain Crunch, no offense but I don't know where you are getting your information from, it certainly is not from Federal Laws. See the laws posted above, available in full text at:
    http://frwebgate.access.gpo.gov/cgi-...Cite:+18USC922

    1. The handgun transfer only has to occur at an FFL on the receiving end (unless state law is different).

    2. An Oregon FFL does not have to be involved, the seller can ship/transport the handgun to an OK FFL themselves.

    3. A gift of a rifle/shotgun to a resident of a different state MUST go through an FFL. If no FFL is involved, a FELONY has been committed.

    AND so there is no confusion, there are no difference in the rules of a gift of a firearm to a family member or non-family member, they are absolutely the same.

    Very Respectfully,
    LT, USN
    Baghdad, Iraq

  7. #22
    Member Array TRICKORMATE's Avatar
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    WOW..

    well I'll just tell my friend to keep it and to just take pictures of what he was going to give me lol..

    Thanks again.
    Read my story.

    http://www.defensivecarry.com/vbulle...ed-1994-a.html

    Pictures in page 5 & 6

  8. #23
    Ex Member Array NavyLT's Avatar
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    You can shoot it while you there, because the law does allow him to loan it to you.

  9. #24
    Ex Member Array NavyLT's Avatar
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    Quote Originally Posted by Captain Crunch View Post
    A longgun, yes. Handgun, no.
    Absolutely false information. The longgun must be transferred via an FFL as well, in order to be in compliance with 18 USC 922 (FEDERAL LAW), otherwise a FELONY is committed.

  10. #25
    Ex Member Array NavyLT's Avatar
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    Here is the Oklahoma state law, applicable to you, as an Oklahoma resident. This also applies to gifts of rifles/shotguns conducted through FFL's in other states. The transfer process at an FFL is exactly the same whether the gun is a gift or a sale.

    §21‑1288. Purchases of firearms, ammunition and equipment in contiguous states by Oklahoma residents ‑ Purchases in Oklahoma by residents of contiguous states.
    (a) Residents of the State of Oklahoma may purchase rifles, shotguns, ammunition, cartridge and shotgun shell handloading components and equipment in a state contiguous to the State of Oklahoma, provided that such residents conform to the applicable provisions of the Federal Gun Control Act of 1968, and regulations thereunder, as administered by the United States Secretary of the Treasury and provided further that such residents conform to the provisions of law applicable to such purchase in the State of Oklahoma and in the contiguous state in which the purchase is made.
    (b) Residents of a state contiguous to the State of Oklahoma may purchase rifles, shotguns, ammunition, cartridge and shotgun shell handloading components and equipment in the State of Oklahoma provided that such residents conform to the applicable provisions of the Gun Control Act of 1968, and regulations thereunder, as administered by the United States Secretary of the Treasury and provided further that such residents conform to the provisions of law applicable to such purchase in the State of Oklahoma and in the state in which such persons reside.
    Laws 1969, c. 230, § 1, emerg. eff. April 21, 1969.

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