Deceased man's guns?

[Koda]

I researched this some time ago by reading the relevant OR statutes and I'm pretty sure the legal responsibility for ensuring that a bgc is performed is on the seller. (I'm not a lawyer, etc etc).

the seller is the owner (until the BGC is approved. )

 

[Cavedweller]

If you really want to make sure you don't have any problems down the road with proof of ownership, the gun probably needs to go through probate unless your friend had a trust, in which case the trustee could sell or transfer the gun to you.

Since when do you have to prove ownership of a firearm?

 

[Yarome]

I researched this some time ago by reading the relevant OR statutes and I'm pretty sure the legal responsibility for ensuring that a bgc is performed is on the seller. (I'm not a lawyer, etc etc).

Correct. That's what I meant by "owner".... not the purchaser.

 

[Maximum Magnum]

Since when do you have to prove ownership of a firearm?

Possession of a stolen firearm is a Class C felony in Oregon, dipsh_t. Even unlawful transfer of a firearm is a Class A misdemeanor.

If law enforcement suspects that you have unlawful possession of a firearm that was not properly transferred, you might have exposure to criminal charges.

For a transfer expense of between $10 and $40 and a simple two-line bill of sale signed by the estate's personal representative, it doesn't make a lot of sense to not transfer the firearm properly and lawfully.

 

[Cavedweller]

Possession of a stolen firearm is a Class C felony in Oregon, dipsh_t. Even unlawful transfer of a firearm is a Class A misdemeanor.

If law enforcement suspects that you have unlawful possession of a firearm that was not properly transferred, you might have exposure to criminal charges.

For an expense of between $10 and $40, it doesn't make a lot of sense to not transfer the firearm properly and lawfully.

That was not my question. Since when do you have to prove ownership of a firearm? If you go to transfer one, the FFL will check to make sure the firearm has not been reported stolen. Otherwise, for firearms transferred between private parties before 2015, or for firearms transferred between family members, there is no legally required documentation.

ETA: Even if you purchase a firearm from a dealer, at what point would you ever have to prove that you owned it?

 

[solv3nt]

Any firearms he acquired prior to 2015 would have predated the background check requirement, and would probably not have a paper trail.

Any firearm acquired after 2015 and prior to 2021 are outside of the statute of limitations.

 

[echo1]

A true friend never leaves you even after their death...your shared experiences mark you for life.
Having and using an item of theirs...is an excellent way to honor them...and your friendship with them.
Andy

My buddy passed away several years ago. He was a 01 and I bought quite a few guns from him over the decades. Kali did away with C&R cash and carry in January 2014. Before that you'd pays your money and take your chances, no paper for guns bought prior to getting his FFL via C&R, there was no bound book needed in those days because a 03 wasn't required. The weapon just had to meet the criteria of C&R. PAX

 

[Koda]

Possession of a stolen firearm is a Class C felony in Oregon, dipsh_t.

only if the person is a felon.
I'm not aware of any Oregon law prohibiting possessing a stolen gun?

I dont know why the name calling just to have a conversation.

 

[gunrnr]

I know I am not the first person to own or use many of my firearms. I would love to hear the stories that my guns could tell if they could talk. Stories of thier past owners adventures.. It is a shame that these stories have been lost.

I have an 1873?? Marlin in 45-70 with two notches cut into the stock. I wish that one could talk

 

[PiratePast40]

Sorry for your loss OP. Hope the stories from others here that talk about rememberance of loved ones help you and promts the rest of us to think of those that have passed. There is an old Jesish saying that you die twice. First when you pass away and second when you are forgotten. Retaining possessions of those that have gone before us helps to honor their memory.

 

[Maximum Magnum]

I'm not aware of any Oregon law prohibiting possessing a stolen gun?

Then you are simply admitting to being ignorant of well-settled, existing black-letter-law in Oregon.

OP didn't say how many relatives the deceased had, but if so much as one of the deceased's kin later contests the transfer of the firearm, the OP has a problem. The OP needs a signed and dated bill of sale or similar document evidencing transfer of the firearm from the executor of the estate or the deceased's personal representative. It also should go through an FFL unless the OP is a relative of the deceased.

The name calling wasn't directed at you specifically, but rather you collective group of trolls who are giving misguided and foolish arm-chair legal advice.

 

[Yarome]

OP didn't say how many relatives the deceased had, but if so much as one of the deceased's kin later contests the transfer of the firearm, the OP has a problem. The OP needs a signed and dated bill of sale or similar document evidencing transfer of the firearm from the executor of the estate or the deceased's personal representative. It also should go through an FFL unless the OP is a relative of the deceased.

The name calling wasn't directed at you specifically, but rather you collective group of trolls who are giving misguided and foolish arm-chair legal advice.

I bet you're popular at parties.

Try "reading the room". That's common knowledge and was already presented as to what course of action would be required by the black-and-white lettering of the law.

But thanks for the revelation enlightening us all. I dunno how any of us would be able to get by without you.


*One minor point though.

As to your assertion that possession of a stolen firearm alone is a felony... as you suggested... the "well-settled, existing black-letter-law in Oregon" requires that a person must be in possession knowingly or with the intent to deprive.

(Fine prints a bugger when you wanna believe what you wanna believe, hu!?)

 

[Koda]

Then you are simply admitting to being ignorant of well-settled, existing black-letter-law in Oregon.

ok. im asking what that law is? help me learn.

 

[Yarome]

ok. im asking what that law is? help me learn.

OR 545.18 Edited: ORS 164.055 if you wanna look it up. But.. being in possession has a knowingly or intent to deprive requirement.

Having unknowingly obtained a firearm that is later discovered to have been reported stolen... it'll be confiscated with no legal action against you.

IOW, for a margin of error, it's good to stick with your stolen hi-points and glonks.

 

[Koda]

OR 545.18 if you wanna look it up. It's a misdemeanor unless the value is over $1k (or other provisions).

Not an Oregon law, thats for Ohio.

 

[Yarome]

Not an Oregon law, thats for Ohio.

You're right. It is!

So I guess that's ORS 164.055 making it a class C felony if it meets the definition of theft outlined in ORS 164.015.

Like Ohio, Oregon... requires an element of intent or "knowingly".

 

[Koda]

So I guess that's ORS 164.055 making it a class C felony if it meets the definition of theft outlined in ORS 164.015.

Thats only if your the one who stole the gun. Nothing in there about posessing a stolen gun.

Maybe Maximum Magnum can share what the law is.

 

[Yarome]

Thats only if your the one who stole the gun. Nothing in there about posessing a stolen gun.

Maybe Maximum Magnum can share what the law is.

There is ORS 164.095. Theft by receiving. But again... "...knowing or having good reason to know that the property was the subject of theft."

 

[titsonritz]

OR 545.18 Edited: ORS 164.055 if you wanna look it up. But.. being in possession has a knowingly or intent to deprive requirement.

Having unknowingly obtained a firearm that is later discovered to have been reported stolen... it'll be confiscated with no legal action against you.

IOW, for a margin of error, it's good to stick with your stolen hi-points and glonks.

I can attest to that, I've had it happen to me.