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Can a 20yo buy a handgun in a private sale

Discussion in 'Legal & Political Archive' started by spengo, Jun 3, 2009.

  1. spengo

    spengo GLORIOUS CASCADIA Active Member

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    I visited this topic before in this thread:
    http://northwestfirearms.com/forum/showthread.php?t=1556
    and the general consensus seemed to be that it was fine--only FFLs cannot sell handguns to people under 21--so I went ahead and bought a lovely pre-B CZ-75 in a private sale. Today, however, I was trying to buy a Colt Huntsman from graydog, but he even called one of his friends who has an FFL and it was discovered that he could not sell to me after all. I'm not flaming him or anything, I'd probably be leery of it too. In fact he was very polite and the non-deal went over very smoothly, lol. I don't want to commit a felony any more than the next guy so I'd like to examine this topic again.

    The laws are posted here:
    http://www.leg.state.or.us/ors/166.html
    If I'm interpreting these laws right, 166.250-270 seem to cover the possession and 166.410 up cover sales and there is nothing preventing me from going through with the purchase.

    I even took the CCW class with it already, heh.
     
  2. fromotoc

    fromotoc Downtown Portland, OR Member

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    Yes you can, but you can't buy ammo for it......
     
  3. spengo

    spengo GLORIOUS CASCADIA Active Member

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    But I can buy ammo for my 10/22. .22lr is .22lr.
     
  4. Rugerbub

    Rugerbub OREGON Member

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    So i have wondered that question myself. So i wnet to the web and looked it up. Although it is illegal to buy a hand gun from a FFL. It is infact not illegal for u to own a hand gun and yes u can legally purchase a hand gun from a private party. If worse comes to worst have a perent buy it for u and than give it to u.
    It is legal to own a handgun if you are younger than 21(but "over 18"). The prohibition is against purchase, not possession.(FFL holders may not sell handguns or handgun ammo to persons under 21. Oregon Gun Laws link ORS116.260
     
  5. candyman

    candyman Scappoose, OR Active Member

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    you can buy and own one
    but if they catch you with it they will take it from you
     
  6. Grizzly_A

    Grizzly_A Portland Metro Area Member

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    I don't have a legal interpretation, but I can speculate that it's because "real" "pistol" ammo is centerfire, and .22lr is rimfire. :)

    It's probably because, if you want to shoot real pistols, you need to be an adult. If you want to shoot kiddy pistols, you only have to be 18. :)

    BTW - I don't agree with that.....
     
  7. treemanx

    treemanx Spray, Or. Active Member

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    This is not true. It is well within the law for an 18 to 20 year old to buy, own and be in possession of any type of handgun. It is ILLEGAL for an FFL holder to sell a handgun to a minor. This is a common misconception, and even alot of the gun dealers dont know the right answer.

    If you are 20 years old, and are in possession of a handgun, as long as you arent doing anything illegal with it, a police officer will not bother you. If you want to buy a handgun from a private party, you can all day long and be perfectly legal.

    I was involved in an incident when I was 18, in Clackamas County, where a police officer ended up with my S&W model 19 .357. I wont get into the specifics about the incident, but the officer ran the serial number to make sure it wasnt stolen, and then promptly handed it back to me with the six bullets that were in it.

    More recently, I had a 19 year old that wanted to do a trade with me, and I wanted to be sure that I was within the law to do it. I went to the OFF website linked here from NWFA, and found in a frequently asked question section that it was in fact legal. I also called the OSP to confirm it. I didnt end up trading with the kid, but I could have and would have been absolutely legal.

    The rub is, though, that most stores will not sell you handgun ammo unless you are over 21. I think that is really silly, but thats the way it is. It is NOT illegal for you to have someone else buy it for you who is over 21. You can also just buy your ammo from private parties, like ones listed in the ammo section of NWFA, and be perfectly legal.

    Hope this helps, --tree
     
  8. candyman

    candyman Scappoose, OR Active Member

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    well yes it is true
    when i was 18 i got pulled over with my 45
    they took it charged me with some bs mip

    they later dropped the charges but i never got it back
     
  9. treemanx

    treemanx Spray, Or. Active Member

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    Heres the link to the FAQ section of OFF, and the info is listed below:

    http://www.oregonfirearms.org/faq/




    Hey guys,
    I had another quick question for you. Here is the situation: I will be 21 in a couple of weeks and want to purchase a handgun. Obviously I can't do this until I'm 21 so if my father purchases one for me and gives it to me as a gift, he doesn't have to register it under his name or anything does he? I guess I want to clarify that it is illegal to purchase a handgun if you are younger than 21 but it is legal for someone who is less than 21 to own a handgun. Am I correct?

    What makes you think we’re all guys? (Maybe we are, but never assume.)
    It is legal to own a handgun if you are younger than 21(but "over 18"). The prohibition is against purchase, not possession.(FFL holders may not sell handguns or handgun ammo to persons under 21)
    As for "registration" understand that when a firearm is purchased FROM A FEDERALLY LICENSED DEALER, there is a de facto registration thanks to the "background check."
    However, this does NOT apply to firearms obtained through transfers from private parties. So, if the gun in question was obtained through a private transfer that took place outside of a legally defined "gun show" there is no registration of any kind.
    Go to the Oregon Gun Laws link on our web site for the entire law.
     
  10. spengo

    spengo GLORIOUS CASCADIA Active Member

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    Well technically I can buy centerfire pistol ammunition for a carbine, because then it becomes rifle ammunition. Or as another poster mentioned it can be given to me.

    That's odd because I've gone shooting with my CZ on a number of occasions at the public safety range run by police in Clackamas. They took down my driver's license number and everything just like for everyone else and didn't give second thought to letting me shoot there even though they could definitely tell I was only 20. My friend who is also 20 even rented some stuff to shoot.
     
  11. treemanx

    treemanx Spray, Or. Active Member

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    Sorry bud, but its just not true. If you dont believe me, then call OSP.

    Oregon State Police
    Phone: 503-375-3555. Phone: 800-452-7888

    I promise you, it is perfectly legal for an 18-20 year old minor to be in possession of any handgun. I dont know the exact circumstances of your run in with your handgun, but you were probably doing something with it that ANYONE would have gotten in trouble for.

    Did they run the serial number? Who was it registered to? How were you transporting it in your car? If they took it from you for any reason, then you should have gotten it back unless it was used in a crime. Your story sounds a bit fishy to me. But like I said, if you dont believe me, call OSP, and they will tell you the same thing.
     
  12. Spray-n-pray

    Spray-n-pray Battle Ground Moderator Staff Member Bronze Supporter

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    Does anybody know what the law states in WA? Is it the same (roughly) situation with selling to someone under 21 FTF?
     
  13. treemanx

    treemanx Spray, Or. Active Member

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    Im not sure about Washington, but it shouldnt be too hard to find out online.
     
  14. Spray-n-pray

    Spray-n-pray Battle Ground Moderator Staff Member Bronze Supporter

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    Ok, here is what I found out. Isn't the internet great? This only gives provisions for a person at least 18 but not yet 21 to possess a handgun, but says nothing about how they GOT the handgun:

    http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.240

    So the question is still out there - Can someone less that 21 years of age purchase a handgun FTF in WA state?

    Anyone........? Anyone........? Bueller.......? :huh:
     
  15. JAFO

    JAFO OR, USA Silver Supporter Silver Supporter

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    It is the same. You won't find a law giving you permission. If it isn't prohibited then it is permitted.
     
  16. slythorne

    slythorne Western Washington Member

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    Around here, if they take your gun and don't fight hard enough to get it back, you won't. You have to fight for your right to party :thumbup:
     
  17. CastleFox

    CastleFox Gone New Member

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    Thank goodness I'm way over 21! I think these laws are completely off base I.M.O

    It's not like Criminals obey the laws. That's why they are CRIMINALS.

    Criminal says:
    "I want to rob a bank, can I legally purchase a hand gun? I want to make sure I obey the laws."

    It's really stupid! I was shooting guns sense I was 10 years old. I have ALWAYS been responsible, and firearms actually increased my respect, and level of personal responsibility.
     
  18. treemanx

    treemanx Spray, Or. Active Member

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    Not everyone, though, is responsible enough or mature enough to own/use guns at young ages. I think the laws they have about it are fair enough. I have also been shooting guns since I was 9-10 years old. I think if you learn at a young age how to properly use guns, then it definately makes you more responsible. But not everyone gets good instruction, or any at all, and may need a few years as an adult to be ready for that responsibility.
     
  19. Spray-n-pray

    Spray-n-pray Battle Ground Moderator Staff Member Bronze Supporter

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    I wonder if one of our fine FFL holding friends on the site can clarify for us.............:confused::paranoid:
     
  20. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    LOL... I enlisted into the Army @ 17... sported M60's, 1911's, M16's, M203's, and even 12ga. trench guns... had 7 confirmed enemy kills, and took RPG shrapnel to the face (don't worry, I'm still pretty :bluelaugh:) before I was 20... when I PCS'd to Germany, I actually had some spare time & bought a Colt AR15A2 from the rod & gun club... but I had to wait until I was 21 to buy my Berretta 92F... go figure!! :rolleyes:


    BTW- I still have that Colt & Berretta... 21 years latter!! :thumbup: