20 Years Old - Can my father buy me a handgun?

[ArriShooter]

Hello, I am looking to buy a Glock 19. One problem, I'm 20. My father would be buying the pistol, on one condition: We need to find a way to transfer ownership to myself. Is it possible??

A few question you may have: Yes, we both live in Oregon, Yes, we have clean backgrounds.

Please feel free to ask me any further questions as I'd love to find a way to get a Glock 19.

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[The Heretic]

Your father can buy the pistol and give it to you as a gift.

Your father cannot buy the pistol and have you pay him for it. That would be a straw purchase.

Someone under 21 years of age cannot purchase a handgun, but they can own one if you are over 18 years of age.

May an individual between the ages of 18 and 21 years of age acquire a handgun from an unlicensed individual who is also a resident of that same State? | Bureau of Alcohol, Tobacco, Firearms and Explosives

You don't have to do a transfer/BGC because the state law exempts transfers between immediate family if the person receiving the firearm is not prohibited from possessing it.

 

[ArriShooter]

First off, thank you. Secondly, I had just 2 questions to clear the air: How do you gift a pistol? Will there be any paper work after gifting the handgun that states that he is the owner?

 

[The Heretic]

No paperwork is necessary - unless you want to keep a personal record of the transfer.

When he buys the firearm there will be federal paperwork (Form 4473) and there will be a state record of the BGC with the firearm make/model/serial number/etc. with his name on it.

But that doesn't necessarily mean that he is the owner - it isn't officially registration. In Oregon and Washington there isn't official registration of non-NFA firearms.

Assuming your father is an Oregon resident too, then you are under Oregon law which states:

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 transferors spouse or domestic partner;

(B)A transferors parent or stepparent;

(C)A transferors child or stepchild;

(D)A transferors sibling;

(E)A transferors grandparent;

(F)A transferors grandchild;

(G)A transferors aunt or uncle;

(H)A transferors first cousin;

(I)A transferors niece or nephew; or

(J)The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of this paragraph.

ORS 166.435 - Firearm transfers by unlicensed persons - 2015 Oregon Revised Statutes

 

[ArriShooter]

I want to thank you for all your input. I will be talking to my father soon; if I have any further questions would you mind if I private messaged you?

 

[The Heretic]

People buy firearms as gifts for family all the time and the laws in Oregon and Washington state allow for that without a BGC when transferring to the family member, but the buyer does have to undergo a BGC and fill out the 4473 (federal form) if not buying from a family member.

Now if your father bought the firearm without the intention of immediately selling it to you, he could sell it to a family member without a BGC. But if he solely bought it to turn around and sell it to you, then that is considered a "straw purchase":

For example. If I bought a gun, with the intention of owning it myself for some reasonable amount of time, using it, and not with the intention of turning around and selling it, then I could eventually sell it to a family member.

This doesn't work for you because your father would be buying the handgun for you because you can't buy it from an FFL (not yet being 21) and if you then compensate him by buying it from him, that is a straw purchase.

In a "free" state, you would be able to buy a handgun from private non-FFL person.

 

[The Heretic]

I want to thank you for all your input. I will be talking to my father soon; if I have any further questions would you mind if I private messaged you?

If you want - but I am not a lawyer so don't take my posts or opinions as gospel.

 

[Stomper]

First off, thank you. Secondly, I had just 2 questions to clear the air: How do you gift a pistol? Will there be any paper work after gifting the handgun that states that he is the owner?

You gift a pistol by purchasing it then GIVING that pistol to a (statuatorily listed) relative. Under the current UBC law a father may gift a firearm to his child. Gifting a firearm is a ONE WAY transaction, the giver to the receiver. Other than the 4473 filled out by your father for the background check at the time of purchase from the FFL, there is no paperwork stating who is the "owner", just who purchased it from the FFL.

Remember, GIFTING a firearm to a family member is a ONE WAY transaction. There is no "exchanging" gifts (I.E. "here son I'm giving you this Glock-19 as a gift", and you reply back, "THANKS DAD I'm giving you this $500 as a gift in return!) otherwise (legally) you have a straw purchase on your hands. That would be illegal, you follow?

 

[ArriShooter]

Ok, so if he bought it for himself and at a later date I bought it from him that is not a straw purchase. You say "transferring to the family member", how does one go about transferring to the family member?

 

[ArriShooter]

You gift a pistol by purchasing it then GIVING that pistol to a (statuatorily listed) relative. Under the current UBC law a father may gift a firearm to his child. Gifting a firearm is a ONE WAY transaction, the giver to the receiver. Other than the 4473 filled out by your father for the background check at the time of purchase from the FFL, there is no paperwork stating who is the "owner", just who purchased it from the FFL.

Remember, GIFTING a firearm to a family member is a ONE WAY transaction. There is no "exchanging" gifts (I.E. "here son I'm giving you this Glock-19 as a gift", and you reply back, "THANKS DAD I'm giving you this $500 as a gift in return!) otherwise (legally) you have a straw purchase on your hands. That would be illegal, you follow?

I understand.

 

[The Heretic]

Straw purchase:

https://www.atf.gov/resource-center/docs/atf-p-5300-4pdf/download

Page 165

 

[The Heretic]

The law is screwed up, but it is the law and it is best to abide by it.

 

[Stomper]

Ok, so if he bought it for himself and at a later date I bought it from him that is not a straw purchase. You say "transferring to the family member", how does one go about transferring to the family member?

Under the conditions mentioned above...


You hand dad the money he wants for the gun, then he gives you the gun. Then you go enjoy that gun. That's it.

 

[v0lcom13sn0w]

No paperwork is necessary - unless you want to keep a personal record of the transfer.

When he buys the firearm there will be federal paperwork (Form 4473) and there will be a state record of the BGC with the firearm make/model/serial number/etc. with his name on it.

But that doesn't necessarily mean that he is the owner - it isn't officially registration. In Oregon and Washington there isn't official registration of non-NFA firearms.

Assuming your father is an Oregon resident too, then you are under Oregon law which states:

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 transferors spouse or domestic partner;

(B)A transferors parent or stepparent;

(C)A transferors child or stepchild;

(D)A transferors sibling;

(E)A transferors grandparent;

(F)A transferors grandchild;

(G)A transferors aunt or uncle;

(H)A transferors first cousin;

(I)A transferors niece or nephew; or

(J)The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of this paragraph.

ORS 166.435 - Firearm transfers by unlicensed persons - 2015 Oregon Revised Statutes

(k) A transferors preacher

 

[308]

Under the conditions mentioned above...


You hand dad the money he wants for the gun, then he gives you the gun. Then you go enjoy that gun. That's it.

Let's not forget the potential risk here. If junior gets the gun from dad, then years later decides to do a private sale with no BGC, dad is now on the hook in the event the gun ever becomes an integral part of some nefarious deed.

 

[ArriShooter]

Let's not forget the potential risk here. If junior gets the gun from dad, then years later decides to do a private sale with no BGC, dad is now on the hook in the event the gun ever becomes an integral part of some nefarious deed.

Is there a way for me to sell the gun in the future?

 

[The Heretic]

Let's not forget the potential risk here. If junior gets the gun from dad, then years later decides to do a private sale with no BGC, dad is now on the hook in the event the gun ever becomes an integral part of some nefarious deed.

The father does not break the law by giving the son the gift, and cannot be held culpable for what a family member does with the firearm if the family member can legally receive the firearm and the father has no previous knowledge of any tendencies/etc. of that family member to misuse/abuse the firearm in an illegal manner.

Sure, if the firearm is then transferred to someone else illegally, then the authorities will come to the father first, but he can then inform them that he transferred the firearm to his son, and the authorities will go there next.

 

[The Heretic]

Is there a way for me to sell the gun in the future?

Yes - you can sell the gun to a person who can legally buy it via the normal channels - depending on where you live at the time. If you are an Oregon or WA resident and the BGC laws are still in effect, then you can sell the firearm via an FFL transfer with a BGC the same as the rest of us. If you got the firearm legally you can sell it legally.

 

[Guardian 380]

If you want - but I am not a lawyer so don't take my posts or opinions as gospel.

Church of the Heretic. Has a ring to it.

 

[The Heretic]

Church of the Heretic. Has a ring to it.

Many prophets/etc., were considered heretics in their time because they challenged the status quo, the current paradigm, et. al.

All I seek is the truth, and most people not only don't want to hear it, they don't want others to speak it. I have been attacked (figuratively) on many forums for speaking the truth, hence my alias.