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02-12-2011, 05:30 PM
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Absent Comrade
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Join Date: Jan 2005
Location: Ashland, Oregon
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Any legal issues with driving a rifle from California to Oregon? California LEO’s op
Rifle belongs to a friend of mine’s Mom, and is located in S. California.
His sister is there now (California), and could drive it to Oregon, and deliver it to her brother who wants it in Oregon. Rifle has been in California 50+ years and would not be registered if there is such a thing.
Sister is the Buddhist peace nick type, who sees guns as evil, and is afraid of guns and The Man.
I thought it would be perfectly legal to transport the unloaded rifle in the back of their van and drive it to Oregon. Is it?
Make of rifle is unknown, but there was some thought it could be a WWII bring back of some sort.
BTW I’m an Honorably Retired Oregon Police Officer, so I’m obviously LEO friendly, which may slant my views on how a traffic stop would go. Even prior to HR218 California LEO’s always treated me with professional courtesy when packing in Cali.
Thanks in Advance,
Emory
[email protected]
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02-12-2011, 06:53 PM
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Location: Kansas
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I would certainly hope not.
How is it different from a California hunter traveling to Oregon to hunt?
If that has become a "problem", what has this country become?
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02-12-2011, 09:43 PM
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Join Date: Oct 2005
Location: SE Michigan
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Is the rifle your driving to Oregon a stick or automatic? Sorry, couldn't help it.
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02-12-2011, 10:23 PM
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Problem? What problem? Rifles aren't illegal in Oregon. Don't know about California.
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02-12-2011, 11:06 PM
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US Veteran
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Not sure there's anything still legal in California. Just stick it in a locked case in the back of the van and head North. Ammo (if any) in a separate locked container. Shouldn't be any problem.
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A closed mouth gathers no foot
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02-13-2011, 12:03 AM
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Just don't go thru NJ or NY on your way to Oregon_ . They don't care what the Federal laws say on transportation.
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02-13-2011, 12:34 AM
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Just put the rifle or whatever in a gun case in the back of the van where it is not accessible and drive. I don't think I would take ammo, unless, as mentioned, it was in a separate container unaccessible. I live in Oregon and we don't seem to have any problems like that and doubt it is a problem in Ca. Just don't carry in Ca. unless you have their license, as they don't recoginize any other state.
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Kevin in Oregon
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02-13-2011, 12:46 AM
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I am a recently retired California LEO. Transporting a rifle in a motor vehicle in California (as long as it is not an assualt rifle) is legal. Just do not have any ammo directly attached to the firearm (it is legal to have ammunition in the motor vehicle but not attached to the firearm in any manner.. ie. ammo in a loaded magazine attached to the firearm or ammo attached to a buttstock holder on the firearm- state law considers that a loaded firearm which is illegal on a public roadway/highway).
If you need any more information, you may want to check this website out.....
Bureau of Firearms - California Dept. of Justice - Office of the Attorney General
Unloaded rifles or shotguns in vehicles in many parts of California is still a very common sight (just not in the LA portion of Southern California or the Bay Area). If it is a WWII era firearm it would not be on the California assault weapon list, so there should not be a problem there.
Last edited by RABULL; 02-13-2011 at 12:58 AM.
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02-13-2011, 02:46 AM
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Location: Central Oregon
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Once you hit the Oregon border, put it in the rear window rack and start spitting tobacco juice out the window. Nobody will even care.
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beaver
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02-13-2011, 03:27 AM
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Quote:
Originally Posted by Beaver
Once you hit the Oregon border, put it in the rear window rack and start spitting tobacco juice out the window. Nobody will even care.
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......until you get to Multnomah County, where the wierdness begins.
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04-01-2012, 08:21 AM
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California is pretty weird, but you should be alright to transport it to oregon. I can think of a few weapons that old that could be on their ban list but not many. Just place it in a locked case in the back of the van and drive normally.
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04-01-2012, 08:42 AM
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Don't ask & don't tell is always good advice.
I know that I am not very smart---but---I have been traveling this nation without problem fro 70 years--always armed.
I know that if I have a wreck or something I might have a problem--but you take your chances.
Blessings
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TEXAS, by GOD
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04-01-2012, 10:52 AM
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Other than change of possession across a State line without benefit of an FFL, I don't see any problems as long as it's unloaded and cased. (I know it's said that gifting within direct family is OK, but I've never seen this in writing. Bequeathing, yes, but not gifting across a State line where the current owner is still alive.)
If it isn't "OK" are you sure you want to be a party in aiding in a felony?
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Dean
SWCA #680 SWHF #446
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04-01-2012, 12:31 PM
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Quote:
Other than change of possession across a State line without benefit of an FFL,
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Its "only" a Federal Felony. There is no exception for relatives, except as a bequest in a will. You need an Oregon FFL involved.
To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
Q: From whom may an unlicensed person acquire a firearm under the GCA?A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C. 922(a)(3) and 922(b)(3)]
ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons
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Science plus Art
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