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Gifting a firearm to my brother, Questions!

Discussion in 'Legal & Political Archive' started by jimmyleost, Nov 18, 2009.

  1. jimmyleost

    jimmyleost Renton Member

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    Firstly, thanks for clicking and taking your time to read and respond if you can!

    My brother just turned 21 and I would like to give him one of my firearms. Is there any registry or paperwork that needs to be filled out?

    Also, another issue is, when he was 16, he received a felony (grand theft) and it is to my understanding that when you turn 18, your record is cleared. My question is, can he still legally own a firearm?

    Any other info would be great! Thanks!

    Jimmy
     
  2. Cougfan2

    Cougfan2 Hillsboro, OR Well-Known Member

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    I don't mean to rain on your parade, but you need to consult a lawyer before you take this any further, not this forum.
     
  3. JUSTIficatioN

    JUSTIficatioN Seattle, Wa Member

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    You can fill out paperwork that would transfer it to his name, but that is purely up to you whether you want to do that or not. there's no firearms transfer required when your gifting somebody a gun ( or selling them one for that matter). just be sure they can legally own it. as far as the felony goes, It should be off his record after turning eighteen. I knew a guy that had four felonies before he turned eighteen and they were wiped when he became a "legal adult".
     
  4. jimmyleost

    jimmyleost Renton Member

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    If he's able to get a CCW, can i assume its ok for him to own firearms?
     
  5. jimmyleost

    jimmyleost Renton Member

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    I agree, I just wanted to see if anyone on here had any feedback/experience regarding this situation.
     
  6. 56kninja

    56kninja Portland Member

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    If his record is clear he can. If it's still on his record, then no. Don't assume it's cleared.

    But seriously, don't take my word for it. Consult an attorney.

    However, If he could legally walk into a gun store and obtain a gun himself, then there's no paper work you need to worry about.
     
  7. Chee-to

    Chee-to Oregon Well-Known Member

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    Does he have his CCW ? If he has been issued a CCW , and hasn't done anything to have it revoked, he can legally own a firearm .......
     
  8. Gunner3456

    Gunner3456 Salem Well-Known Member

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    Would you be willing to have an FFL do the transfer for you for a small fee? That's cheaper than an attorney. The FFL runs the background check for $10, transfers for another fee of usually $20-30 and you're off the hook?

    Would that work, guys??
     
  9. el gringo loco

    el gringo loco PDX Member

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    As much as I seem to disagree with Gunner3456 on other threads, this suggestion seems to make the most sense. However, I would advise that the juvenile felon consult with an attorney and find out exactly where he stands anyhow. Background checks don't catch everything. I don't know WA state law, but if I were the younger brother, I would want to know exactly where I stood before I handled a gun.
     
  10. Bello425

    Bello425 Vancouver Well-Known Member 2016 Volunteer

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    I thought that getting a CCW is more in depth than the simple background check conducted by going to the FFL. I am wrong in thinking this? If he can qualify for a CCW then I can't see why he can't own a gun. My .02 pennies.
     
  11. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    That right there!
     
  12. Captain Question

    Captain Question Oregon Member

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    As a guess? Because Oregon law allows for the expunction of various misdemeanor crimes, which means that Oregon no longer cares and your friendly neighborhood sheriff can issue you a CHL. But as far as the federal dotgov is concerned, those expunctions don't count and thus the "criminal" is still unable to own a gun due to federal rules.

    Older CHL holders might remember the big problem back before instant check went in, when the federal dotgov decided that Oregon CHLs were not sufficient to avoid the waiting period because of that interesting little blip in Oregon law?

    Or maybe not. :laugh:
     
  13. ZachS

    ZachS Eugene/PDX Active Member

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    The background checks are designed to detect illegal gun purchasers, but they are not perfect. Passing one does not guarantee that a person can legally possess a firearm. You need to consult an attorney.
     
  14. TonsOfOregonBrass

    TonsOfOregonBrass Sandy, OR Active Member

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    As an FFL i could not transfer the gun to you if i thought there was a reason you were a prohibited individual. Form 4473 has " have you ever been convicted of a FELONY or any other crime for which the judge could have imprisoned you for more then one year.

    If you answer yes to that, they i would not transfer the gun to you. if you answer yes to anything other then 11a then i would not transfer the gun to regardless of what nics or fics says, as you have just told me you are a prohibited person.

    dont take it to an FFL, we would have to deny you. Check with the attorney, confirm the conviction has been expunged so you (your brother in this case) can answer no to the above question. but once you have confirmed that the conviction is expunged, then there is no reason to transfer through a FFL unless you want to make sure you are no longer the last known owner and you want to pay more.

    Just my .02
     
  15. roguebowhunter

    roguebowhunter medford Member

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    if he CANNOT owe a firearm he may (more than likely) get into trouble by TRYING to purchase a firearm. Don
     
  16. Gunner3456

    Gunner3456 Salem Well-Known Member

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    This is a good learning thread. :thumbup:
     
  17. tionico

    tionico Thurston County Well-Known Member

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    If your brother is also a Washington resident, state and federal law have no prohibition against your transferring it to him, with no paperwork at all.... IF he can legally own the gun.

    As to that felony... have him check with the court.jurisdiction where the conviction was. They should be able to tell him whether it has been expunged. If they say it was, he is clear to own the firearm. If he was not, advise him to persue having the court clear the record. Once that is done, he is clear to own the firearm.

    The law does not prohibit ownership simply on the basis of sometime in the past having committed a felony. It only prohibits ownership when that felony is still on his record, and his rights to own have not been restored.

    BUT--do have him check and make sure with the jurisdiction of record. If it is still there, and you give it and he gets it, you are BOTH up for felony gunlaw violation charges. You should easily be able to check, and get it cleared if its not already, without paying the ransom money to a legal guy. Simple matter of contacting the court of jurisdiction. DO NOT assume its clear because he's had a few birthdays since the conviction. Sometimes the courts "forget" to do what they are supposed to do. IF it is still there, even by accident, you could both be in serious trouble. If they've merely overlooked it, the request to expunge it should be granted with little trouble. But MAKE CERTAIN the record is cleared, or, at the least, that his right to own a firearm is restored.
     
  18. SonicBlue03

    SonicBlue03 Snohomish Well-Known Member

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    Will giving him a gun increase, decrease, or not change the opportunity to boost a nicer car?




    Kidding aside, call an attorney. And hope against odds your brother has smartened up. 21 isn't that far from 16.
     
  19. feedyourhead

    feedyourhead Salem New Member

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    The BATF is watching this thread waiting to pop the FFL that is going to try this.
     
  20. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Neither the FFL or the FFL's customer would be in any trouble, people get turned down on background checks at gun stores all the time. I would imagine a busy gun store like Keith's it likely happens daily.