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Domestic partnership transfers etc.

Discussion in 'Firearm Laws & Legal' started by jg rider, May 2, 2016.

  1. jg rider

    jg rider Hillsboro Oregon Member

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    Hello everyone,
    I'm asking these questions on behalf of a good friend that is as confused as I am.

    He was married to someone that had two children from a previous marriage. Unfortunately she passed on. Now there are grand children. They are still a close knit group.

    Now he's living with someone else for several years. So it's a domestic partnership

    Here's my questions:
    If he wanted to give any firearms to his deceased wife's children / grand children, can he do it legally without back ground checks ?

    And:
    Can he do the same with his new girlfriend.

    I'm not looking for advice, but for anyone's personal experience with this. Or any case law
     
  2. bolus

    bolus Portland Gold Supporter Gold Supporter 2015 Volunteer 2016 Volunteer

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    These are the family exceptions listed for SB 941:
    (c) The transfer of a firearm to:
    (A) A transferor’s spouse or domestic partner;
    (B) A transferor’s parent or stepparent;
    (C) A transferor’s child or stepchild;
    (D) A transferor’s sibling;
    (E) A transferor’s grandparent;
    (F) A transferor’s grandchild;
    (G) A transferor’s aunt or uncle;
    (H) A transferor’s first cousin;
    (I) A transferor’s niece or nephew; or
    (J) The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of this paragraph.
     
    Joe13 likes this.
  3. jg rider

    jg rider Hillsboro Oregon Member

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    Thanks for the reply
    But the sticking points seem to be
    (A) A transferor’s spouse or domestic partner:
    What constitute a domestic partner, same sex partners or all partners

    (C) A transferor’s child or stepchild:
    Since the wife passed her her children still considered his step children

    My friend sent these questions to the originator of the transfer law, but never got any response
     
  4. nammac

    nammac I-5 Corridor - West of Portland Silver Supporter Silver Supporter

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    Now there's a surprise.... Not. Just another example of legislators who have zero accountability... One day, burning sulfur will be rained down on Salem...

    A) spouse/domestic partner (regardless of flavor)

    B) step children do not cease to be step children just because their genetic parent has passed...
     
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  5. bolus

    bolus Portland Gold Supporter Gold Supporter 2015 Volunteer 2016 Volunteer

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    Prozanski? Yeah, that guy hates us all. I would not expect help there. Betsy Johnson is the best legislator to contact with firearm related questions.

    Here is the full text of the bill.

    https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB941/Enrolled

    The correct answer is ask a lawyer who is versed in firearm law. In general, legislators will not give you a good response since they also dont know the full ramifications of their law themselves. But Betsy will ask the state lawyers on your behalf.

    Personally, if my wife died and I wanted to give my step son one of my guns, I would just give it to him. Law enforcement would have to prove it was given after the law was in effect, prove that a step son relationship ends when the spouse dies, plus a bunch of other stuff that the cops have more important things to do.

    There are only 200-300 actual personal transfers with background checks a months since the law started. to me that means that there are probably thousands of people doing transfers that have no idea there is a law or dont give a crap about the law since many sheriff's said they would not enforce it. So there are a whole ton of people who would be higher up the list to arrest than your friend

    But im not an attorney so dont take what I saw as a recommendation
     
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  6. jg rider

    jg rider Hillsboro Oregon Member

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    Thanks for this,
    My friend did email her and got a phone call back the same day from her. I'll post his question and her reply if he allows. It's not so cut and dry as some may expect.

    Another thing that she mentioned to him, and I never thought about it is.
    When wife and I or Betsy and her husband go away on vacation we would leave some of our toys with a trusted friend or neighbor. Now we can't without a background check
     
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  7. Joe13

    Joe13 NW of Vancouver Opinionated & Blunt Bronze Supporter 2015 Volunteer 2016 Volunteer

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    Gotta prove they are yours if found at his house.

    Don't ask don't tell.

    And tell them not to shoot anyone with your toys.
     
    41Slinger likes this.
  8. 41Slinger

    41Slinger Harrisburg Oregon Bronze Supporter Bronze Supporter

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    Best answer yet Joe13, "DON'T ASK, DON'T TELL, NOYFB" etc, etc.
     
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  9. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    and you have to do another background check to get the guns back. Better trust your neighbor or whoever because a background check is also a legal permanent transfer or ownership.
     
  10. The Heretic

    The Heretic Oregon Well-Known Member

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    Good questions and I agree about the stepchild relationship unless there was a divorce, in which case I think that legally terminates that relationship.

    Domestic partnership - from what I understand, this only applies to same gender partners, and only if they register the partnership.

    https://multco.us/recording/oregon-state-domestic-partnership
     
  11. Joe13

    Joe13 NW of Vancouver Opinionated & Blunt Bronze Supporter 2015 Volunteer 2016 Volunteer

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    I don't have the RCW but I am 99% sure in WA that you qualify as partners if you have been living together for 7 or more concecutive years.
     
  12. The Heretic

    The Heretic Oregon Well-Known Member

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    http://apps.leg.wa.gov/rcw/default.aspx?cite=26.60&full=true#26.60.025

    You might be thinking of "common law" marriage. Neither Oregon nor WA state recognize common law marriages.

    So far, from what I have read in the statutes of either state, a domestic partnership might as well be a marriage with all the pluses and minuses with regards to laws, including having to register it with the state. If you are going to do this, you might as well get married, especially in Oregon which has domestic partnerships only for same gender couples.

    This is just another case of where the government controls the populace; who can marry who, how many people you can marry, having to register that marriage, having do go through an extended legal process to dissolve the marriage and so on. Then using all of that to control us - tax wise, and in other ways.
     
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