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March 15, 2012, 07:13 AM | #1 |
Senior Member
Join Date: December 29, 2010
Posts: 311
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Long Gun Private Purchase Oregon to Texas
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?
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March 15, 2012, 09:03 AM | #2 |
Senior Member
Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
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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.
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March 15, 2012, 09:48 AM | #3 | |
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Join Date: January 27, 2010
Location: Norfolk, VA
Posts: 2,905
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Quote:
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March 15, 2012, 09:58 AM | #4 | ||
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
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Quote:
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:
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March 15, 2012, 10:03 AM | #5 |
Junior member
Join Date: October 13, 2008
Location: Hermit's Peak
Posts: 623
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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. |
March 15, 2012, 03:20 PM | #6 |
Senior Member
Join Date: July 20, 2005
Location: Indiana
Posts: 10,446
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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. |
March 16, 2012, 11:11 AM | #7 |
Senior Member
Join Date: December 29, 2010
Posts: 311
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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.
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