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FTF sale question.

Discussion in 'Legal & Political Archive' started by .45's and .38's, Jun 29, 2009.

  1. .45's and .38's

    .45's and .38's Happy Valley OR Well-Known Member

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    I would like to trade my handgun that I got in a private trade. My question is at the age of 18, can I privately trade the handgun for a shoulder fired weapon....In Oregon.
     
  2. techieguy

    techieguy Well-Known Member

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    In my understanding of the law, its illegal for a person under 21 purchase a handgun but it is legal for them to own a handgun. So options I see are:
    1. handgun being gifted to minor
    2. A FTF transaction.
     
    Last edited: Jun 29, 2009
  3. CEF1959

    CEF1959 Willamette Valley, Oregon New Member

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    I think he meant he's 18, an Oregon resident and wants to know if he can trade his handgun for a long gun with another Oregon resident. If so, the answer is yes.
     
  4. techieguy

    techieguy Well-Known Member

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    I was thinking under 21 but my fingers typed 18... :eek: I corrected my post to reflect what I was thinking but couldn't type!
     
  5. Dan-Dee Sales Inc

    Dan-Dee Sales Inc Sweet Home, Oregon, United States Active Member

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    I would be glad to ask ATF tomorrow if you would like a legal answer.
     
  6. CEF1959

    CEF1959 Willamette Valley, Oregon New Member

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    Under ORS 166.470, the legal age for acquiring a firearm in Oregon is 18. That includes sales, gifts, and trades.
     
  7. .45's and .38's

    .45's and .38's Happy Valley OR Well-Known Member

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    Thanks guys. I was also wondering if I could trade my handgun for another handgun? If I did the deal with a private seller who wasnt a FFL and who was a Oregon resident.
     
  8. .45's and .38's

    .45's and .38's Happy Valley OR Well-Known Member

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    So are you saying I can buy with my hard earned cash, a handgun at the age of 18..in oregon as long as the seller isnt a FFL.
     
  9. fromotoc

    fromotoc Downtown Portland, OR Member

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    Yes.

    And Yes.
     
  10. jeffcohen

    jeffcohen Mulino Or. Member

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    13-3109. Sale or gift of firearm to minor; classification

    A. Except as provided in subsection C of this section, a person who sells or gives to a minor, without written consent of the minor's parent or legal guardian, a firearm, ammunition or a toy pistol by which dangerous and explosive substances may be discharged is guilty of a class 6 felony.

    B. Nothing in this section shall be construed to require reporting sales of firearms, nor shall registration of firearms or firearms sales be required.

    C. The temporary transfer of firearms and ammunition by firearms safety instructors, hunter safety instructors, competition coaches or their assistants shall be allowed if the minor's parent or guardian has given consent for the minor to participate in activities such as firearms or hunting safety courses, firearms competition or training. With the consent of the minor's parent or guardian, the temporary transfer of firearms and ammunition by an adult accompanying minors engaged in hunting or formal or informal target shooting activities shall be allowed for those purposes.
     
  11. CEF1959

    CEF1959 Willamette Valley, Oregon New Member

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    Jeff, I don't think that's a federal ATF law. I think that's an Arizona statute you are citing. Arizona Revised Statute Section 13-3109.
     
  12. Dan-Dee Sales Inc

    Dan-Dee Sales Inc Sweet Home, Oregon, United States Active Member

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    Well after getting a good laugh from ATF, they gave me an answer. You can trade that handgun to another Oregon resident over the age of 18. I cannot as a dealer but you can as a non-dealer. LOL
     
  13. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    I make it a point not to do any deals with anyone under 21, it's not the law but I have too much to lose from a justice system that bends the law to fit their purposes.
     
  14. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Funny thing the "line" of being a minor... or not... at 18 you can join the military and kill (or die) for your country, you can enter into a binding contract, you can be tried as an adult and sent to "big-boy" prison, by a long-gun, even vote, but you can't COMMERCIALLY by a handgun (and I believe handgun ammo... don't hold me to that) until you are 21. I actually believe in the 21 drinking age... saw too many 17-18 year olds turn into overnight alcoholics while overseas in the Army... again, a convoluted line to "come of age".
     
  15. .45's and .38's

    .45's and .38's Happy Valley OR Well-Known Member

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    Thanks...Is this info for me to trade a handgun for handgun or hand gun for long gun?
     
  16. .45's and .38's

    .45's and .38's Happy Valley OR Well-Known Member

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    Why did you get a good laugh? If it is legal in the state of oregon for me to own a handgun, why not? The law is the law and I do respect the law. I do understand why some people would not feel comfortable to trade. If ATF says it is OK, I think nobody should have anything to worry about.
     
  17. Dan-Dee Sales Inc

    Dan-Dee Sales Inc Sweet Home, Oregon, United States Active Member

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    I got a good laugh because as a dealer we are held to different standards. Even ATF laughed at the law. You cannot purchase a handgun or ammo until the age of 21, but you can have one and even sell or trade it. And yes there are still rules as to whom you can sell or trade it to.

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
     
  18. .45's and .38's

    .45's and .38's Happy Valley OR Well-Known Member

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    Laws are pretty scrambled up huh? Am I right about this.....I have to buy ammo for my handguns privately? or from a private seller? Can maybe a close friends father gift me ammo for my handguns legally? Just wondering what if they changed the law? could they take my guns? or would I have to trade for a shoulder fired rifle?
     
  19. tionico

    tionico Thurston County Well-Known Member

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    but you can't COMMERCIALLY by a handgun (and I believe handgun ammo... do hold me to that) until you are 21

    Stomper almost correct. The 18 yo cannot walk into WalMart and buy HANDGUN ammo, but on his 21st birthday he can. EXCEPTION, sort of.... if he states the specific ammo he is wanting to purchase is for a LONG GUN, they have to sell it him, as he CAN buy ammo for a long gun. Say, he wants .357, typically for a revolver. HOWEVER, Browning and I think Marlin (and maybe others) make lever action tube-fed long guns for .357 ammo... I HAVE one, a Browning Model 92. I've also got a Browning Model 92 Centennial, chambered for the much larger .44 magnum. Not sure of other calibers, how many typically pistol rounds might also have a long gun made to fire them.
    SO... if our hero walks into WalMart and is wanting .357 ammunition, claiming it is for a Browning Lever Action Model 92, a long gun, they cannot deny him it. (they may try, but it would be outside the law). Perhaps having a copy of the relevant CFR in hand would help).

    Now, once having a pistol, our eighteen year old can certainly fire it.... I believe it is only the dealers who are prohibited from selling him PISTOL ammunition. Private party very probably could do so. Or a private table at a gun show. (a commercial licensed FFL ammo dealer would be bound by the "its for a pistol, so you can't BUY it from me" routine.....)

    I am not positive about the private sale stuff, but I do know the prohibition against selling pistol ammo to an 18 yo is in the CFR relating to what a FFL Dealer can/cannot sell and to whom.
     
  20. .45's and .38's

    .45's and .38's Happy Valley OR Well-Known Member

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    thanks for the info.