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Selling Guns in Oregon

4.4K views 4 replies 3 participants last post by  G66enigma  
#1 ·
this may be a dumb question. long story short I had bought a gun a long while back from a friend before the whole private party gun sales requiring BGC and Transfers was enforced. say i want to sell this gun now is there anything special i need to do on my end as far as selling the rifle. from what i read Oregon doesn't have a gun registry, so id imagine i could just sell it and who ever the person is that buys it does the BGC and Transfer.

Thanks in advance for any help.
 
#3 ·
A plain-language reading of SB 941, which passed into law back in 2015, regarding its requirements for background checks and transfers (among other things):

Oregon's "Firearms Instant Check System" for firearms transfers:

And, particularly, review Oregon Revised Statutes' Chapter 166 regarding firearms, transfers, etc:

Here is the NRA's summary of Oregon's firearms-related laws:
 
#4 ·
i dont think you guys understand what im asking, im not trying to sell a gun without transfer. yes i know about BGC and Transfers and how that works, but the question is i bought this gun years ago before those were enforced to private party sales. so if i want to sell this gun now to someone i know they have to get BGC and transfer to buy but on my end before i sell it, is there anything i need to do for me to legally sell it? since like i said i bought this before the enforced BGC and transfers for private party
 
#5 ·
I think we are getting it. Oregon didn't used to control private transfers of arms, but it does now. Say you acquired something ten years ago, long before any requirements for vetting the seller or documenting the transfer were required by the state of Oregon ... but now you want to sell that gun and have it transferred to a new buyer. Just follow the bouncing ball in the Oregon law. Head to an FFL together, if you're both local; or head to your own FFL to have it shipped to the other person's FFL where a background check will be done prior to it being handed over to the person.

Unless it's an NFA-controlled item, where the feds are involved with the tax stamp and related transfers, then it ought to be straightforward if you simply go through an FFL to get it all done. The FFL shop will document you and the buyer, document the sale, and the FFL the buyer uses to get the gun will first perform a background check on that person prior to transferring it to him/her.

In one of the links I provided, above, the summary is as follows:

General Process Changes under Oregon Firearms Safety Act:

1. Private-party firearm transfers must be conducted through a licensed firearm dealer while
both parties (owner of the firearm and proposed recipient or purchaser) are present.

a. If the transferor and the transferee reside over 40 miles from each other, the
transferor may ship or deliver the firearm to a firearm dealer located near the
transferee or a firearm dealer designated by the transferee, and the transferor need
not appear before the firearm dealer in person.

2. A firearm dealer who agrees to complete the transfer shall request a background check on
the transferee and shall comply with all requirements of federal law.

3. A firearm dealer may charge a reasonable fee for facilitating a firearms transfer.

4. A firearm dealer that requests a background check for a private party under this law is
immune from civil liability for any use of the firearm by the recipient.

5. A private party transferring a firearm at a gun show must complete a background check
through OSP or a firearm dealer prior to the transfer. (NOTE: This is existing statute,
however is highlighted to show the private party has options, in these instances.)
Unless you're asking about some type of arms that needs to have been previously documented but where such documentation failed to get done (ie, for NFA registered arms such as machine guns, sub-machine guns, "short-barreled" long guns).