Long Gun Private Purchase Oregon to Texas

[JustThisGuy]

Sadly, my beloved brother-in-law died from brain cancer last year. My sister has agreed to sell me his beautiful Winchester 1894 (pre-64 edition) the next time I drive up to visit her in Oregon. Can I legally drive it back to my home in Texas with me or do I need to have this sent via an FFL?

[carguychris]

Since your sister resides in a different state than you, this is legally considered an interstate sale, and a FFL dealer transfer is required. You can take the rifle with you after it is transferred, but a FFL has to do their thing first.

The most logical way to do this is for both of you to visit an OR FFL and transfer it there. A FFL may transfer a firearm to a resident of a different state if the transaction is legal in both the origin and destination states. I know for a fact that it is legal for a TX resident to receive a rifle from a resident of another state, but I am unfamiliar with OR law. I would recommend calling ahead and asking.

If it will be a few months before you anticipate visiting her, there is a Plan "B"- apply for a Curio & Relic (C&R) FFL yourself. This license allows you to accept C&R firearms from residents of other states; no transfer is required because YOU are the FFL. Firearms automatically become C&R-eligible once they are 50 years old. Almost all pre-64 Winchesters are already C&R and it's very easy to determine production dates because these guns have been documented so well. Once you have a C&R FFL, just log the transaction in your bound book and you're done. Also, there's an added bonus: you get "Dealer" prices from online shooting suppliers like Midway and Brownell's, which may offset the $30 application fee in a hurry.

[ScottRiqui]

The most logical way to do this is for both of you to visit an OR FFL and transfer it there. A FFL may transfer a firearm to a resident of a different state if the transaction is legal in both the origin and destination states.

Is this a special allowance for long guns? Because in the case of a handgun, I'm pretty sure that an FFL in the recipient's state has to do the transfer.

[Frank Ettin]

Originally Posted by ScottRiqui

Is this a special allowance for long guns? Because in the case of a handgun, I'm pretty sure that an FFL in the recipient's state has to do the transfer.

Yes, it's different for long guns.

Here's the whole deal (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

[1] Under federal law, any transfer (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. 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.).

[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.

[4] 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.

[5] 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.

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

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;

...

[AH.74]

If I were you I would go with carguychris's plan B above- get your 03 FFL and then your sister can send you the gun directly, no other FFL involved. For the same money you'd pay someone else for transfer fees just on your end you now have your 03 FFL and as mentioned the savings with some companies can be considerable.

I have my 03 and looked up the 1894 in the listings- there are 5 different line items for model 1894's. Some of them have a serial number sequence referenced. If you'd like to get model and serial number specifics and PM them to me I'll see what I can find in the book.

[Webleymkv]

One other option would be to simply pay your sister both for the gun and for her to ship it to a local FFL in TX. Contrary to what some may have you believe, there is no law stating that a private individual cannot ship a gun directly to an FFL, only that a gun cannot be shipped directly to a private individual unless the gun is an antique (pre-1899 manufacture) or being returned to the individual from the manufacturer (sent in for repair, etc.). Be aware, however, that some FFL's will not accept shipments from non-FFL's even though it would be legal for them to do so.

Also, unlike handguns, rifles and shotguns can be sent by mail to a recipient in another state so long as the recipient is an FFL. If you prefer not to use the U.S. Postal Service, both FedEx and UPS will ship rifles, shotguns, and handguns although all laws as well as some company regulations may apply.

[JustThisGuy]

Thanks everyone for the great information, and especially the suggestion about the 03 FFL license.

I'll check into that.

I appreciate your kind help.