Purchasing out of state

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BP Hunter

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Hello everybody!

I live in WA state and found a rifle that I wanted to purchase 3 hours away in Portland, OR. I have never bought any firearm outside my state. Is it possible for me to buy it in person in Portland or must it be shipped to my local state? Thanks for your responses.
 
There was a time when a non resident of a state but resident of adjacent state (touching state) could purchase a long gun and transport it back to their state of residence but I believe that recently changed. I want to say a resident of any state can purchase a long gun in any other state as long as no laws prevent them from doing so in their own home state of residence. Hopefully one of our FFL members will be along with some good dope on the question.

Ron
 
You'll need to research this a bit, and whether it's from an out of state FFL vs. an out of state private citizen might make a difference. If it's a private citizen, I would say it has to come through a local FFL, as WA state requires private transfers to be recorded by an FFL. You might be able to do this transfer face to face with the seller at an OR FFL though, or have them come to you and do it at a WA FFL (good luck getting a private seller to come 3hrs though). If it's an OR FFL retail sale, you shouldn't have an issue purchasing out of state and bringing it into WA, as long as WA doesn't have any STATE law requiring transfer or prohibiting out of state purchase by residents, AND OR doesn't have any STATE law requiring sales in OR to be transferred to FFL across lines instead of carried by transfer recipients.

So private sale vs. FFL retailer does matter. If it's an OR FFL, call them and ask if they can sell it to you - they'll know for sure, but I'd bet they can without shipping. If it's a private party, arrange a local OR FFL to do the transfer. In either case, I don't expect you'll need to ship anything, you'll just need to be sure and have a 4473 FTR on file either way.

Again this is ALL based on state requirement. For long guns, the current FEDERAL interpretation is you can purchase from any continental state. The interpretation has ALWAYS been, at a minimum, you're able to purchase from contiguous states which border your own. Handguns, unfortunately, have to be transferred through FFL any time their ownership takes them across state lines. So it's not really a federal issue causing the problem, its your state laws restricting your rights beyond their lawful reach.
 
2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. Generally, for a person to lawfully
transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a
Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at www.atf.gov and
http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this
prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for
example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is
provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by
intestate succession. This exception would authorize the transfer of a firearm to a nonresident who
inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).
How may an unlicensed person receive a firearm in his or her State that he or she purchased from an out–of–State source?

An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out–of–State source, provided the transfer takes place through a Federal firearms licensee in his or her State of residence.

[18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29]
 
If buying from a ffl, check state laws.
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.
 
yes you can buy a long gun from an ffl in Oregon just not a handgun I buy long guns in Portland to avoid the sells tax
 
Virtually all states allow the sale of long guns to non-residents, but there are a few exceptions. You'll just have to check. Non- residents cannot purchase handguns between any 2 states.
 
Thanks for the replies. Yes, I should have been more specific. I am hoping to buy a rifle from an FFL.
 
Federal laws allow the sale of rifles to out of state residents as long as the sale also complies with all the laws of both states.
 
You can buy a long gun from an out of state FFL as long as there are no state laws prohibiting it.

If you want to buy a long gun from a private party out of state meet the seller at a FFL. The seller gives the gun to the FFL and the FFL transfers the gun to you. You pay the FFL a transfer fee.
 
....I want to say a resident of any state can purchase a long gun in any other state as long as no laws prevent them from doing so in their own home state of residence. ....
You might want to say that, but it's not correct.

Virtually all states allow the sale of long guns to non-residents, but there are a few exceptions. You'll just have to check. ....
Not exactly right. Even if okay under applicable state law, federal law still requires that the transfer go through an FFL.

Federal laws allow the sale of rifles to out of state residents as long as the sale also complies with all the laws of both states.
Not exactly right. Federal law requires that the sale go through an FFL.


Here's the story on interstate transfers --

  1. Under federal law, any transfer of a gun (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. And a handgun must be transferred through an FFL in the transferee's State of residence. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.). There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

  2. In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

  3. In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

  4. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

  5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

  6. Here's what the statutes say:
    18 U.S.C. 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;​

    ....

    (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;​

    ...
 
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I said he needs to use an FFL, as most posters said too even the OP said he is
Buying from an FFL or transfer done by FFL , why do you say I'm wrong when l said FROM AN FFL?
 
Snyper:
Federal laws allow the sale of rifles to out of state residents as long as the sale also complies with all the laws of both states.

Frank Ettin:
Not exactly right. Federal law requires that the sale go through an FFL.
It cannot comply with all state laws without going through an FFL.

You're always in such a rush to prove everyone incorrect that you often don't read carefully yourself.
 
....It cannot comply with all state laws without going through an FFL....
In Washington State it could not, nor could it in Oregon. But you didn't limit your response to that situation, and someone reading the thread at a latter date might not connect your response back to the OP's situation (i. e., living in Washington State and buying a rifle in Oregon). Your response could therefore be dangerously misleading.

Under the law of many States a private transfer does not have to go through an FFL. For example, the OP might buy a rifle directly from a private party in Idaho. Such transaction would not violate Idaho law, nor is it clear that it could be prosecuted in Washington State under Washington State law. However, it would violate federal law.
 
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