How to Sell a Gun in Oregon?
Selling a gun in Oregon requires knowledge of the State’s laws to ensure gun owners are in compliance during the sale and don’t make any mistakes. The state of Oregon has numerous laws concerning the ownership, transfer and the carrying of firearms. If considering selling a gun to another individual, be up to speed with the laws that regulate transfers to ensure all involved are in compliance and not breaking any laws.
The following information was compiled from the official website of the state of Oregon and a memorandum of Oregon State Laws and Published Ordinances from the Oregon Office of Attorney General to the Bureau of Alcohol, Tobacco, Firearms and Explosives.
What is the Process of Buying and Selling a Firearm in Oregon?
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the licensed firearms dealer. In Oregon, the Firearms Instant Check System (FICS) is utilized in addition to the national background check system and is required for all firearms transactions in the state, with some exceptions.
This check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm.
How to Conduct a Private Party Sale of a Firearm in Oregon?
Oregon has strict public policies when it comes to private sales of firearms. Under current law, in order to legally enter and finalize a private sale of a firearm, it must be conducted via federal firearms licensed dealer and a background check must be completed on the purchaser. Failing to do so results in stiff criminal penalties for those involved.
There are some certain exceptions to this law for private party sales.
Below is the legal text:
Section 166.435. Firearm transfers by unlicensed persons; requirements; exceptions; penalties.
(2)Except as provided in ORS 166.436 and 166.438 and subsection (4) of this section, a transferor may not transfer a firearm to a transferee unless the transfer is completed through a gun dealer as described in subsection (3) of this section
(a) A transferor may transfer a firearm to a transferee only as provided in this section. Except as provided in paragraph (b) of this subsection, prior to the transfer both the transferor and the transferee must appear in person before a gun dealer, with the firearm, and request that the gun dealer perform a criminal background check on the transferee.
(b) If the transferor and the transferee reside over 40 miles from each other, the transferor may ship or deliver the firearm to a gun dealer located near the transferee or a gun dealer designated by the transferee, and the transferor need not appear before the gun dealer in person.
(c) A gun dealer who agrees to complete a transfer of a firearm under this section shall request a criminal history record check on the transferee as described in ORS 166.412 and shall comply with all requirements of federal law.
(d) If, upon completion of a criminal background check, the gun dealer:
- (A) Receives a unique approval number from the Department of State Police indicating that the transferee is qualified to complete the transfer, the gun dealer shall notify the transferor, enter the firearm into the gun dealer’s inventory and transfer the firearm to the transferee.
- (B) Receives notification that the transferee is prohibited by state or federal law from possessing or receiving the firearm, the gun dealer shall notify the transferor and neither the transferor nor the gun dealer shall transfer the firearm to the transferee. If the transferor shipped or delivered the firearm to the gun dealer pursuant to paragraph (b) of this subsection, the gun dealer shall comply with federal law when returning the firearm to the transferor.
(e) A gun dealer may charge a reasonable fee for facilitating a firearm transfer pursuant to this section.
(4) The requirements of subsections (2) and (3) of this section do not apply to:
(a) The transfer of a firearm by or to a law enforcement agency, or by or to a law enforcement officer, private security professional or member of the Armed Forces of the United States, while that person is acting within the scope of official duties.
(b) The transfer of a firearm as part of a firearm turn-in or buyback event, in which a law enforcement agency receives or purchases firearms from members of the public.
(c) The transfer of a firearm to:
- (A) A transferor’s spouse or domestic partner;
- (B) A transferor’s parent or stepparent;
- (C) A transferor’s child or stepchild;
- (D) A transferor’s sibling;
- (E) A transferor’s grandparent;
- (F) A transferor’s grandchild;
- (G) A transferor’s aunt or uncle;
- (H) A transferor’s first cousin;
- (I) A transferor’s niece or nephew; or
- (J) The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of this paragraph.
(d) The transfer of a firearm that occurs because of the death of the firearm owner, provided that:
- (A) The transfer is conducted or facilitated by a personal representative, as defined in ORS 111.005, or a trustee of a trust created in a will; and
- (B) The transferee is related to the deceased firearm owner in a manner specified in paragraph (c) of this subsection.
(a) A transferor who fails to comply with the requirements of this section commits a Class A misdemeanor. (b) Notwithstanding paragraph (a) of this subsection, a transferor who fails to comply with the requirements of this section commits a Class B felony if the transferor has a previous conviction under this section at the time of the offense.
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
OREGON SPECIFIC DISQUALIFICATION CATEGORIES (in addition to the above federal disqualifiers)
- Was committed to the Oregon Health Authority under ORS 426.130
- After January 1, 1990, was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness
- Has been convicted of a misdemeanor involving violence or found guilty except for insanity under ORS 161.295 of a misdemeanor involving violence within the previous four years. As used in this paragraph, “misdemeanor involving violence” means a misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195, or 166.155
- Conviction of a violent misdemeanor within the previous 4 years – ORS 166.470(1)(g)
- Probation with conditions limiting possession of a firearm – ORS 137.540(L)
- Misdemeanor crime of domestic violence – ORS 166.255(1)(b)/(3)(c)(d)(f)
- Restraining Order – ORS 166.255 (1)(a)
- Conviction of Stalking under ORS 163.732 – ORS 166.255(1)(c)
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 08/25/21 from https://www.oregon.gov/osp/programs/cjis/Pages/Firearms-Instant-Check-System.aspx and https://www.atf.gov/file/117336/download