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January 10, 2012, 02:17 AM | #1 |
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Join Date: January 8, 2012
Location: Washington State
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Laws of purchasing handguns..
Hey everyone,
So I am pretty new to handguns, and to the rules about purchasing and all of that stuff. My roommate (we are currently in school in Seattle Washington) is a resident of Oregon. So, this means he cannot purchase a gun in the state of Washington, is that correct? Well, anyway, long story short, he found a CZ 85 he has been wanting for a very long time at the local gun shop, for a reasonable deal. However, he cannot buy it himself from the shop, as far as I know. Now, he asked me a question that I truly don't know the answer to, but he is fairly certain it is okay. He wants one of our friends (who are WA state residents) to buy the handgun for him, then to a person to person purchase transfer type thing. He is under the assumption that that is okay, but I am not thinking so. He says "how do they even know I am not a WA state resident? My drivers licence or something?" I just don't really have the answers, and would like you guys to help me with info so that I can explain to him why this is a very bad idea...thank you all in advance for your help. |
January 10, 2012, 02:26 AM | #2 |
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I believe that he can buy it but, he has to have it shipped to a FFL in OR after he filled out the proper paperwork and the background check clears.
If you do what you mentioned with having a friend buy it for him that is called a STRAW purchase and that is a no no.
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January 10, 2012, 02:37 AM | #3 |
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Hm, so he could buy it but he would have to go back to Oregon to get it? Yeah, I told him he could do something like that but he said he won't be going home for quite a while so that won't work. So there really is no way, is that correct?
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January 10, 2012, 02:41 AM | #4 |
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Join Date: January 8, 2012
Location: Washington State
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Sorry for double post, but I found a site with some well stated firearms laws, so I have some information to show him. Thank you for the help, man.
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January 10, 2012, 08:30 AM | #5 |
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January 10, 2012, 08:51 AM | #6 |
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Having a friend buy it and transfer it to him is definitely not legal under federal law.
1. He can buy and transfer through an FFL in Oregon 2. He can just go buy one in Oregon. 3. He can establish residency in WA. Note that for federal purposes, you can have more than one state of residence and be legal to purchase firearms in each state. Not sure how documentation works for that. My sense is that he's not very serious about this. Oregon is a short weekend or a long day trip away from Seattle. DON'T LET YOUR FRIEND'S LAZINESS SADDLE YOU OR ONE OF YOUR FRIENDS WITH A FELONY CONVICTION! Tell him to take a road trip already or quit whining. |
January 10, 2012, 09:59 AM | #7 |
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Well I know people who have vacation homes in a certain state can purchase guns in that state. So maybe you can. Otherwise just have the dealer ship it to an FFL in your state.
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January 10, 2012, 12:27 PM | #8 | |
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Quote:
Having someone else buy the gun for him could be construed as a straw purchase, and that's ten years in the pokey.
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January 10, 2012, 01:05 PM | #9 | ||
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Quote:
Quote:
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January 10, 2012, 02:37 PM | #10 |
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You cannot conduct transfers between residents of different states without going through an FFL (legally speaking), so no only would your friend be making a straw purchase, but conducting an illegal transfer as well.
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January 10, 2012, 02:59 PM | #11 |
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As far as the BATF and Federal law are concerned, the roommate is a Washington resident while living in Washington and going to school. When he returns to Oregon, he becomes an Oregon resident.
See the link for ATF Ruling 80-21. ATF Ruling 80-21 |
January 10, 2012, 08:45 PM | #12 |
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That's very state specific and on top of that.... you are talking bordering states, which then have another set of rules. Best to check a local FFL that can answer the question.
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January 10, 2012, 10:24 PM | #13 | |
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Quote:
State laws may apply but I don't see anything in Washington laws that apply. |
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January 11, 2012, 09:47 AM | #14 |
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When I lived in OR, I saw a gun I wanted in a WA store. Had it sent to an OR store. Easy to do. I'm sure the WA store might have a recommendation in OR.
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January 11, 2012, 11:06 PM | #15 |
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Awesome, great info here guys, I checked the links and showed him the cold hard facts. Also told him I nor any of our friends will not being doing time in the big house for his gun lol, he figures he will try to establish residency here in WA so he can buy the gun. I guess it is as easy as him going to the department of licensing and getting a WA state drivers license, who woulda known
So that bullet has been dodged, Thanks for all of your help guys, great info, really appreciate it. He is now happy as well because he doesn't have to drive ~3.5 hours down to Portland to pick up a gun he could drive 20 minutes for, lol. Laziness is a killer, aye? |
January 11, 2012, 11:53 PM | #16 | |
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Quote:
Long guns can be sold across state lines per federal law (as long as an FFL is involved), but only if the sale would be legal in BOTH states involved. Some states still have the contiguous state exception in their state laws, some don't allow it at all.
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January 12, 2012, 11:49 AM | #17 | |
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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: Quote:
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