Oregon Firearms transfer from family member in California

Discussion in 'Firearm Laws & Legal' started by pdxaaron, Aug 9, 2017.

  1. uberguy

    uberguy
    Bend
    Active Member

    Messages:
    134
    Likes Received:
    195
    That's definitely a risk, but the recommendation was to consult an attorney. The presumption was to explore whether that or some other provision in law allows for the legal transfer of ownership - to the OP vs LEO.
    The OP has to find some way to legally take possession from a living relative, unwilling or unable to sign over ownership. To simply take them, then transport interstate, as was pointed out is a serious crime.
     
  2. Slobray

    Slobray
    Yelm, WA
    Well-Known Member

    Messages:
    1,233
    Likes Received:
    3,014
    I understand, but damn, I would hate to see any gun at the mercy of or destroyed by the PDRK (yes, even a Hipoint or Jennings).

    @pdxaaron , does Uncle have any children? If so, the guns can be transferred to them without a BGC (even in the PDRK) and then transferred to you via FFL.



    Ray
     
    3MTA3 and SKrueger like this.
  3. uberguy

    uberguy
    Bend
    Active Member

    Messages:
    134
    Likes Received:
    195
    Clarification, there is no risk in consulting an attorney about legal means to accomplish the stated goal. It's generally a bad idea to seek advice on legal matters on comment forums, especially concerning firearms. It's my understanding all these are monitored by various law enforcement. At least that's what some moderators/administrators I know told me.
     
  4. notazombie

    notazombie
    Sweet freedom!
    Well-Known Member

    Messages:
    725
    Likes Received:
    1,594
    ^^^This^^^
    It'll cost a couple bucks to get actual legal advice but you don't have to do anything. In fact it might be simplest to just walk away from the situation altogether. If your uncle actually valued his property he'd be taking care of it himself.
     
    pdxaaron and uberguy like this.
  5. pdxaaron

    pdxaaron
    Portland
    New Member

    Messages:
    10
    Likes Received:
    21
    Looks like I will be consulting an attorney.

    To clarify, we do not have possession of the firearms. And he has access to the storage unit. But we cannot afford to keep paying for his storage unit for him (technically it is in our name and he stores his stuff there). He has valuable family items in his possession that we cannot let go to a storage liquidator. We are simply storing his belongings in different places until he returns and he will have full access to everything. (this sounds sketchy but we all have full intentions on returning the items if/when he returns). I am the only family member that has the means to safely store the firearms, and that is why this question was raised to begin with.
     
    Slobray and SKrueger like this.
  6. SKrueger

    SKrueger
    SW Washington
    Platinum Supporter Platinum Supporter Silver Supporter 2017 Volunteer

    Messages:
    2,898
    Likes Received:
    10,210
    Dude thats tough! Wish you all the luck on this. Just watch your six its not worth losing your gun rites over.
     
    Slobray and pdxaaron like this.
  7. rick benjamin

    rick benjamin
    USA, Or, Damascus
    Secure the drama Silver Supporter 2016 Volunteer

    Messages:
    2,728
    Likes Received:
    3,640
    Aaron
    Don't do a Road trip, Don't load-up, go home.
    Don't talk about this any more.
     
    Last edited: Aug 10, 2017
    uberguy, notazombie, Stomper and 2 others like this.
  8. SKrueger

    SKrueger
    SW Washington
    Platinum Supporter Platinum Supporter Silver Supporter 2017 Volunteer

    Messages:
    2,898
    Likes Received:
    10,210
    IMO That is horrible advice!! For god sake you want the dude in jail? o_O:confused::eek:
     
    pdxaaron likes this.
  9. pdxaaron

    pdxaaron
    Portland
    New Member

    Messages:
    10
    Likes Received:
    21
    Yeah I was going to say, I have no intentions on law enforcement reading this thread and thinking that I am just going to grab these guns an leave. I have a couple family friends who are attorneys that I will talk to about the situation to do this completely legally. I have no reason to lose my ability to buy guns in the future. All I want is for his property to be safely stored where he has access to it. I guess I should have clarified that these are still HIS guns. Not mine. He already placed them in our possession when he willingly put everything in a storage unit that he knew we had access to and told him that we would clean it out if he didn't pay. All I am trying to do is to keep something of his of value that I can keep safe and give to him if he sobers up. We're all very close and I don't want him to lose everything he has. All we are doing is moving the guns to a safer location.
     
    3MTA3 and Slobray like this.
  10. JRuby

    JRuby
    St. Helens Oregon
    Well-Known Member

    Messages:
    1,566
    Likes Received:
    2,060
    I can see a scenario such as this happening.
    You aquire your uncle's guns and take them to Oregon
    Your uncle shows up and wants his guns back he accuses you of stealing his firearms.
    You are now having to see the judge in Ca. Hopefully you have not been arrested for theft in the process.
    You also hope you have an understanding judge.
    You could if this goes south have a felony stripping your gun rights amongst other costs.

    Tread carefully we know that your trying to do the right thing but this a possible perfect storm. An attorney is well worth the cost
    IMHO.
     
  11. SKrueger

    SKrueger
    SW Washington
    Platinum Supporter Platinum Supporter Silver Supporter 2017 Volunteer

    Messages:
    2,898
    Likes Received:
    10,210
    Exactly!!
     
    Slobray likes this.
  12. pdxaaron

    pdxaaron
    Portland
    New Member

    Messages:
    10
    Likes Received:
    21
    I have thought about all of this. Just wanted to point out that my uncle and I are close, and it's hard looking into another family's dynamic from a forum post but in reality if he did come back, there would be no hard feelings.

    I am going to consult an attorney. Thank you all for your advice.

    Also wanted to reiterate that he willingly placed the guns in our possession when he gave them to us to put them in a storage unit for him. So this is simply a matter of transporting them to a new location (that he still has access to)
     
    Slobray likes this.
  13. JRuby

    JRuby
    St. Helens Oregon
    Well-Known Member

    Messages:
    1,566
    Likes Received:
    2,060
    Life is funny there are few guarantees and many surprises. Good luck.
     
    SKrueger, Slobray and pdxaaron like this.
  14. jbett98

    jbett98
    NW Oregon
    Bronze Supporter Bronze Supporter

    Messages:
    7,769
    Likes Received:
    11,858
    Maybe you should look into getting a gun trust set up. That way if something does happen to your uncle, you've got the required paperwork to move/store these firearms without a bunch of legal hassles.
     
    Slobray, SKrueger and pdxaaron like this.
  15. ZA_Survivalist

    ZA_Survivalist
    Oregon
    AK's all day.

    Messages:
    4,858
    Likes Received:
    6,374
    If its family just go down and get them.
     
    rick benjamin likes this.
  16. BEN LILLY

    BEN LILLY
    Lincoln City, OR
    NRA LIFE MEMBER

    Messages:
    1,418
    Likes Received:
    615
    An ATF agent would probably be a good source of info.
     
  17. Hawaiian

    Hawaiian
    Tigard Oregon
    Well-Known Member

    Messages:
    1,559
    Likes Received:
    2,588
    When my dad in CA gave me a few guns when I was there visiting, I simply went to UPS and shipped them to my FFL here in Oregon. That is legal. With your uncle having drug problems, it sure would suck if you did that and they turned up stolen when you FFL ran the check. You have too many variables and I agree with the others, seek a legal opinion and keep it legal. Not worth the price is something goes wrong.
     
  18. JRuby

    JRuby
    St. Helens Oregon
    Well-Known Member

    Messages:
    1,566
    Likes Received:
    2,060
    If it was my dad and I had his permission I would not even go through an FFL if I could hand carry them. There are people in your life you can trust. My dad is one of the few people I trust explicitly. There are only about a half dozen I feel this way about.
     

Share This Page