Background check and your household

[Pandaz3]

I have several questions rolling around in that empty space where a brain should be....

Back in early November I bought a AR-10 an a AR-15 and did the Oregon background checks using my information. Later at home the Warden, my wife, decided the AR-15 was hers exclusively. Do I need to fingerprint her? Pay for a background check? Or just let it slide? I opted for the slide route as it was easiest.

But that makes me think of a hypothetical situation Two people are married, one a convicted felon with no gun rights, does that mean the innocent spouse cannot own or possess a gun? Can they keep it by the bed? If not does that not infringe upon the innocent ones rights? Why do they have to live differently from anyone else. What if they were married before the felony conviction? and the innocent party already had a gun?

Possibly some of these questions were on the background check, I don't recall.

It certainly seems to me that the background checks are chock full of holes

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[fd15k]

There is no requirement in Oregon to transfer firearms between private parties (even unrelated) via FFL. So giving a rifle to your spouse is perfectly okay and doesn't require any paperwork.

From what I have seen discussed in our neighbouring state of California, it is not a problem to have firearms in the household where somebody is prohibited, as long as the prohibited person doesn't have
access to those firearms. That means having a safe with the combination being unknown to such person, and if the firearm is out of the safe then it has to be in the immediate possession of the
person who is not prohibited.

 

[CoastRange57]

This dude may want to rethink his strategy a bit.

Facebook ad by convicted felon to sell guns grabs Portland police attention | OregonLive.com

 

[Kid@Heart]

There is no way I would suggest a background check for my wife.

I might frisk her though...

 

[pchewn]

Do I need to fingerprint her? Pay for a background check?

you did a face-to-face private transfer and no background check is required.

 

[WheatNuts]

I can't figure out what you're asking. Are you wondering if you have to do anything to transfer your wife ownership of the AR-15? If that is what you're asking, the answer is no. In all private firearm sales in-state you do not need to go through an FFL. You can also buy a firearm and gift it to someone else such as your wife.

 

[Just Me]

Two people are married, one a convicted felon with no gun rights, does that mean the innocent spouse cannot own or possess a gun? Can they keep it by the bed? If not does that not infringe upon the innocent ones rights? Why do they have to live differently from anyone else. What if they were married before the felony conviction? and the innocent party already had a gun?

ORS 166.270 Possession of weapons by certain felons. (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any firearm commits the crime of felon in possession of a firearm.

 

[308]

Isn't it strange how far we have come in this society where we have to question the legality of one's wife 'claiming' ownership of one of the toys in the safe.