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View Full Version : Need Pistol selling Help??


Thundergrunt
09-26-2011, 5:40 PM
Greetings All

I have looked all over the web and cannot find my direct answer so I thought i would try here. I owned a SIG229 40. I just sold it to my buddy in Oregon. What do I need to do to release the gun from my possesion?? Thanks

gatesbox
09-26-2011, 5:55 PM
A bill of sale is all you should need to keep for your records. IANAL, but Oregon is pretty awesome when it comes to firearms. You MAY choose to run a Background check through an Oregon Sherrif for the fee of $10.00 to assure that the person is not prohibited but this is not mandatory.

Interesting read:
http://bluesteeldemocrats.blogspot.com/2009/06/second-hand-private-gun-sales-how-to-do.html



I could be wrong.

Thundergrunt
09-26-2011, 6:04 PM
My Buddy is a reserve LEO and a Military guy like me. I just didnt know if I had to do all the BS like buying. So all I need is a Bill of Sale? do i need the gun's Serial on the recipt as well, and do I mail a copy to the DOJ so they can release the gun from my name?

morrcarr67
09-26-2011, 6:04 PM
First I hope you used an OR FFL to transfer the Sig to your buddy to avoid violating any Federal Laws.

If you did that you shouldn't have any trouble.

IF you still want to let CA know you don't own it you could send in this form:

http://ag.ca.gov/firearms/forms/pdf/BOF4546NLIP0209.pdf

kemasa
09-26-2011, 6:04 PM
You can also fill out the form:

http://ag.ca.gov/firearms/forms/pdf/BOF4546NLIP0209.pdf

You do need to transfer the firearm through a FFL since you are residents of different states.

gatesbox
09-26-2011, 7:07 PM
Ok, while a bill of sale should be sufficient record, I want to make sure I correct my info and agree with others. Interstate transfer kicks it into a category of transferring via FFL. Stated pretty plainly by the NRA.

http://www.nraila.org/gunlaws/federal/read.aspx?id=60

Thundergrunt
09-26-2011, 7:20 PM
Ok well i didnt do FFL i did a face to face with him. So what do i do now?? Kemasa I did fill out that form and had my friend that is PD sign it..

Thundergrunt
09-26-2011, 8:18 PM
Anymore help around??

brianm767
09-26-2011, 9:45 PM
Anymore help around??

Transferring a hand gun between two people who do not live in the same state without the use of a FFL is illegal, some one correct me if I'm wrong but I believe it's a Felony.

If you are a Cali resident, and he is an Oregonian, it must go through an Oregon FFL or it is a violation of Federal laws. Legally you need to deliver it or ship it to the Oregon dealer, your friend can not take possession of it until after this process. meaning he legally can not take possession of it here in Cali, and then return to Oregon with it, or you can not transfer it to him in Oregon either without going through an FFL.

If you did any of this, the Federal law has already been broken, and you just posted on a open forum, that you broke the law, might want to delete or edit your post? of course I may be reading it wrong, if so, might want to clean it up.

My Buddy is a reserve LEO and a Military guy like me. I just didnt know if I had to do all the BS like buying. So all I need is a Bill of Sale? do i need the gun's Serial on the recipt as well, and do I mail a copy to the DOJ so they can release the gun from my name?

These are questions that need to be asked and answered before selling or transferring a Firearm.

kemasa
09-27-2011, 1:31 PM
Transferring the firearm back would also be a violation of the law.

Filling out the form and saying that you delivered it to your friend only serves to prove that you violated the law.

So, to go back to the beginning, the firearm would need to go to an OR FFL to do the transfer. Then you could fill out the form saying that you transferred it to an OR FFL.

At this point, it is hard to say how to correct things since an illegal transfer seems to have occurred based on what you said. I am not sure of what the requirements for OR are. My non-attorney advice would be to make sure that the firearm goes through an OR FFL and that you fill out the CA form showing that it went to the OR FFL. How you do that without further violating the law is unknown.

corcoraj2002
09-27-2011, 4:27 PM
So if I read this correctly, cough, your friend borrowed your gun and now wants to purchase it?? Cough.

TangoCharlie
09-27-2011, 10:33 PM
What a mess...

The only way to move forward is for you to go up to Oregon and hand-deliver the gun to your friend's FFL so it can be transferred to him legally. This will not undo the crime that just occurred, but it's the only way to set this back on course without additional violations accruing. He cannot ship back to you and you, the firearm's current owner, need to deliver to his FFL directly, either in person or through common carrier.

Moving to correct this quickly will also put this in a favorable light if you or he are ever investigated. You realized your mistake and quickly tried to correct it without doing more legal damage.

And your buddy is on the hook for the identical state crime as well, so you might want to drop what you are doing and go...

TangoCharlie
09-27-2011, 10:48 PM
So if I read this correctly, cough, your friend borrowed your gun and now wants to purchase it?? Cough.

Doesn't matter, cough, it's still an interstate transfer done without an FFL...

ap3572001
09-27-2011, 10:57 PM
This is very interesting:) May I ask what crime the friend in Oregon may face for HAVING that gun in His possesion? May I also ask what crime would a Californian face for having a pistol that was last sold to someone in Vermont?