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Age requirement for private party pistol sale

Discussion in 'Legal & Political Archive' started by 51.50, Apr 7, 2014.

  1. 51.50

    51.50 West of Salem Member

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    Age 18 is required for rifle/shotgun purchase and 21 for pistol. Does this same rule apply to private party sales?
     
  2. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    18 private party



    166.470 Limitations and conditions for sales of firearms. (1) Unless relief has been granted under ORS 166.274 or section 5, chapter 826, Oregon Laws 2009, or 18 U.S.C. 925(c) or the expunction laws of this state or an equivalent law of another jurisdiction, a person may not intentionally sell, deliver or otherwise transfer any firearm when the transferor knows or reasonably should know that the recipient:
    (a) Is under 18 years of age;
    (b) Has been convicted of a felony;
    (c) Has any outstanding felony warrants for arrest;
    (d) Is free on any form of pretrial release for a felony;
    (e) Was committed to the Oregon Health Authority under ORS 426.130;
    (f) After January 1, 1990, was found to be a person with mental illness 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;
    (g) 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 (1)(b); or
    (h) Has been found guilty except for insanity under ORS 161.295 of a felony.
    (2) A person may not sell, deliver or otherwise transfer any firearm that the person knows or reasonably should know is stolen.
    (3) Subsection (1)(a) of this section does not prohibit:
    (a) The parent or guardian, or another person with the consent of the parent or guardian, of a minor from transferring to the minor a firearm, other than a handgun; or
    (b) The temporary transfer of any firearm to a minor for hunting, target practice or any other lawful purpose.
    (4) Violation of this section is a Class A misdemeanor. [Amended by 1989 c.839 §3; 1991 c.67 §40; 1993 c.735 §11; 2001 c.828 §2; 2003 c.577 §7; 2009 c.499 §6; 2009 c.595 §115; 2009 c.826 §8; 2013 c.360 §10]
    Note: The amendments to 166.470 by section 11, chapter 826, Oregon Laws 2009, become operative January 2, 2016. See section 14, chapter 826, Oregon Laws 2009, as amended by section 23, chapter 826, Oregon Laws 2009, and section 2, chapter 448, Oregon Laws 2011. The text that is operative on and after January 2, 2016, including amendments by section 11, chapter 360, Oregon Laws 2013, is set forth for the user’s convenience.
    166.470. (1) Unless relief has been granted under ORS 166.274 or 18 U.S.C. 925(c) or the expunction laws of this state or an equivalent law of another jurisdiction, a person may not intentionally sell, deliver or otherwise transfer any firearm when the transferor knows or reasonably should know that the recipient:
    (a) Is under 18 years of age;
    (b) Has been convicted of a felony;
    (c) Has any outstanding felony warrants for arrest;
    (d) Is free on any form of pretrial release for a felony;
    (e) Was committed to the Oregon Health Authority under ORS 426.130;
    (f) After January 1, 1990, was found to be a person with mental illness 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;
    (g) 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 (1)(b); or
    (h) Has been found guilty except for insanity under ORS 161.295 of a felony.
    (2) A person may not sell, deliver or otherwise transfer any firearm that the person knows or reasonably should know is stolen.
    (3) Subsection (1)(a) of this section does not prohibit:
    (a) The parent or guardian, or another person with the consent of the parent or guardian, of a minor from transferring to the minor a firearm, other than a handgun; or
    (b) The temporary transfer of any firearm to a minor for hunting, target practice or any other lawful purpose.
    (4) Violation of this section is a Class A misdemeanor.
     
    Last edited: Apr 7, 2014
  3. GunRightsCoalition

    GunRightsCoalition Vancouver Well-Known Member 2015 Volunteer 2016 Volunteer

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    No, this is only for FFL's. Not absolutely certain on OR but in WA it is 18 for any firearms including handguns through private sales. Oregon I believe is the same but would need to check to be certain.
     
  4. Don H

    Don H Oregon Well-Known Member

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    See http://www.oregonfirearms.org/faq
     
  5. 51.50

    51.50 West of Salem Member

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    Thanks to everyone who replied.
     
  6. rur862

    rur862 Seattle Active Member

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    http://www.northwestfirearms.com/th...en-18-and-20-to-purchase-own-handguns.154688/

    Check out the link posted on that thread, it takes you to the Freedom Foundation's website where they have a letter from the ATF saying that yes, it is legal for an 18 y.o. to own a handgun and that yes, it is legal for them to obtain this through a private sale.

    Might be worth printing to show to sceptics if you are so inclined.
     
    gryghin likes this.