Help - Private Party Transfer

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stmcelroy

New member
Interested in trading handguns w/a gentleman from Oregon. I live in Washington, and would be trading face to face.

My question is, must this transaction go through FFL dealers?

I am assuming that an FFL only comes into play when shipping accross state lines, not transfering state to state.

Help me out, let me know the law.

Thanks,
Steve Mc.
 
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bmwguy

New member
Legally, you have to go through a FFL dealer because this is considered an out of state transaction, you're from WA and he's from OR. Even if this is a face to face transaction.

He can bring a copy of a signed FFL and inspect the firearm, but you still need to send the firearm to the FFL. The OR FFL will need to go through with the background check and etc.

The only instance where a FFL is not required is if he shows proof he's a resident of WA state.

I hope this addresses your questions.

Good Luck!
 
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M1911

New member
Just to clarify, in an interstate transfer of a handgun, the handgun must be transfered through an FFL in the state of residence of the buyer.

You said that you were "trading handguns" with a fellow from OR. That sounds to me like you are selling him a handgun and he's selling you a handgun. If that is the case, then you are both buying a handgun from an out-of-state seller, so there would need to be 2 FFLs involved. You would transfer your handgun to him through an OR FFL and he would transfer his handgun to you through a WA FFL.

M1911
 
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whiskey

New member
Check your state laws, some states have agreements that allow bording states to not be included in the FFL transfer deal. This may not be legal on the federal level though??? I have read Alabama laws and it states that residents of bordering states can purchase firearms in Alabama, but if you ask a dealer they insist on the buyer being a resident??? A call to the ATF of Attorny Generals office may be more help.
 
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TaxPhd

New member
The bordering states thing was an exception for sale of long guns, but the law has changed, and that exception is no longer necessary (it is legal for an out of state resident to purchase a long gun in a face to face transaction outside of their state of residence).

Handguns must go through a dealer in the purchaser/recipients state of residence. So, each of you will need an FFL in your state of residence.
 
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M1911

New member
TaxPhd is correct. The border state thing was only ever for long guns and is now no longer necessary. According to federal law, handguns must still go through an FFL in the purchaser's state of residence.

M1911
 
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Lavan

New member
stmclroy

My condolences to the both of you on your recent loss/theft/misplacement of two fine handguns.
 
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Blue Duck357

New member
I'm sure Lavan is at least half joking with the above post, but when I sold 2 pistols on the net I got offers like that all the time. My message back was that if in a 1 in a million chance either of us used the handgun in selfdefense niether of us want to be explaining to the nice Police Officer exactly why that handgun was here when the paper trail ended there;)
 
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MW740

New member
What if someone were to present a US passport as their ID for a firearms purchase? Would that be acceptable being that ones address is not on the passport?
 
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stmcelroy

New member
The only thing I would like to know is:

If I purchase handguns in Washington, move to Oregon, then sell to an Oregon resident. What's the difference. There is no registration law in either Oregon or Washington. Maybe I move to Oregon for a job, live their 3 years and then move back to Washington.

Loophole?

Thanks for the help though,
Steve Mc.
 
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johnwill

New member
If I purchase handguns in Washington, move to Oregon, then sell to an Oregon resident. What's the difference.
Click to expand...

The difference is that you are a resident of the state! Not many people want to move to another state to complete a firearms transation, right?

Loophole?
Click to expand...

Not at all, see above. :)
 
S

stmcelroy

New member
Just trying to learn what is legal..........

The hard part that I am having is, if I buy a gun from a resident of my state, how do I know that that gun is in the state "legally"? I guess you just have to trust people............

I'm just playing devils advocate, please no more gun laws...........

Thanks,
Steve Mc.
 
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cmsgt

New member
residing in 2 states and able to purchase in both

Regegade x left a link to FAQ from the ATF. Q. B13 explains that a person who maintains a home in 2 states and lives in those 2 states can purchase a handgun in that state during the time the individual is actually residing there. I have owned a house for 25 years and do live part of the year in another state (Montana), but do not have a Montana driver's license -- I understand one can legally have a driver's license from only one state -- and, as a result, do not think a dealer would sell me a firearm despite my name on property taxes, etc. This summer I might check with getting a Montana identification card from their Dept of Motor Vehicles until I move there permanently.
 
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