Oregon Handguns at 18-20 in the SB941 Era (ORS166.436)

[spurdo]

I apologise in advance if this is a duplicate thread; I promise I tried my best to search.

Since "forever", what many like to call the "gun show loophole" has existed around the US. This has, among other things, allowed legal adults under the age of 21 to purchase handguns, as long as it does not go through an FFL. SB941 aimed to tighten this loophole in Oregon, as private party sales, by the letter of the law, must now involve a background check, which, for the most part, is something FFLs do. However, SB941 specifies ORS166.436 as an alternate route for a fully legal private-party sale, going so far as to amend the language to emphasise its new purpose -- Under this statute, the transaction does not go through an FFL, but a private party at a gun show dials up the Department of State Police and does the background check right then and there.

As I understand it, it is only federal law, 18 USC § 922(b)(1), with no further state law, that prohibits strictly licenced entities from selling a handgun to anyone under the age of 21, and SB941 introduced nothing to contradict this. Now, my question is, does a private-party sale under this statute permit an 18-20-year-old (in this case myself, 20) to make a fully legal handgun purchase assuming the seller is willing to go the ORS166.436 route?

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[arakboss]

I apologise in advance if this is a duplicate thread; I promise I tried my best to search.

Since "forever", what many like to call the "gun show loophole" has existed around the US. This has, among other things, allowed legal adults under the age of 21 to purchase handguns, as long as it does not go through an FFL. SB941 aimed to tighten this loophole in Oregon, as private party sales, by the letter of the law, must now involve a background check, which, for the most part, is something FFLs do. However, SB941 specifies ORS166.436 as an alternate route for a fully legal private-party sale, going so far as to amend the language to emphasise its new purpose -- Under this statute, the transaction does not go through an FFL, but a private party at a gun show dials up the Department of State Police and does the background check right then and there.

As I understand it, it is only federal law, 18 USC § 922(b)(1), with no further state law, that prohibits strictly licenced entities from selling a handgun to anyone under the age of 21, and SB941 introduced nothing to contradict this. Now, my question is, does a private-party sale under this statute permit an 18-20-year-old (in this case myself, 20) to make a fully legal handgun purchase assuming the seller is willing to go the ORS166.436 route?

Did you get an answer on this?

 

[spurdo]

Did you get an answer on this?

I'm afraid not; yet.

 

[arakboss]

I'm afraid not; yet.

if I

I'm afraid not; yet.

The way I understand it is yes, my only question is why they specified this option as only available at gun shows. Why couldn't a private sale elsewhere qualify for this method? Try emailing Gordon as Sunset Firearms, he might be able to answer this question for you: [email protected]

 

[B5Ben]

In my non-lawyer opinion, the only way for a person 18-20 to legally obtain a handgun post SB941 is to have it purchased by a parent. Immediate family transfers are allowed under SB941.

 

[arakboss]

I apologise in advance if this is a duplicate thread; I promise I tried my best to search.

Since "forever", what many like to call the "gun show loophole" has existed around the US. This has, among other things, allowed legal adults under the age of 21 to purchase handguns, as long as it does not go through an FFL. SB941 aimed to tighten this loophole in Oregon, as private party sales, by the letter of the law, must now involve a background check, which, for the most part, is something FFLs do. However, SB941 specifies ORS166.436 as an alternate route for a fully legal private-party sale, going so far as to amend the language to emphasise its new purpose -- Under this statute, the transaction does not go through an FFL, but a private party at a gun show dials up the Department of State Police and does the background check right then and there.

As I understand it, it is only federal law, 18 USC § 922(b)(1), with no further state law, that prohibits strictly licenced entities from selling a handgun to anyone under the age of 21, and SB941 introduced nothing to contradict this. Now, my question is, does a private-party sale under this statute permit an 18-20-year-old (in this case myself, 20) to make a fully legal handgun purchase assuming the seller is willing to go the ORS166.436 route?

Call the number OSP provides and try it. I think it will work.

 

[Alchemist]

I apologise in advance if this is a duplicate thread; I promise I tried my best to search.

Since "forever", what many like to call the "gun show loophole" has existed around the US. This has, among other things, allowed legal adults under the age of 21 to purchase handguns, as long as it does not go through an FFL. SB941 aimed to tighten this loophole in Oregon, as private party sales, by the letter of the law, must now involve a background check, which, for the most part, is something FFLs do. However, SB941 specifies ORS166.436 as an alternate route for a fully legal private-party sale, going so far as to amend the language to emphasise its new purpose -- Under this statute, the transaction does not go through an FFL, but a private party at a gun show dials up the Department of State Police and does the background check right then and there.

As I understand it, it is only federal law, 18 USC § 922(b)(1), with no further state law, that prohibits strictly licenced entities from selling a handgun to anyone under the age of 21, and SB941 introduced nothing to contradict this. Now, my question is, does a private-party sale under this statute permit an 18-20-year-old (in this case myself, 20) to make a fully legal handgun purchase assuming the seller is willing to go the ORS166.436 route?

If you really want a handgun and you can't wait until you turn 21 and you are ok with Glocks then just build one from 80% lower. The law doesn't prohibit people under 21 to posses handguns, they just can't buy it from ffl so building a P80 glock will be fully legal (in my understanding). You don't have to be 21 to buy all the parts necessary for that, the only problem might be ammo because many stores won't allow you to buy handgun ammo...

 

[Nick Burkhardt]

I believe a non-prohibited person who is 18 to 20 can be gifted a handgun by a close blood relative legally without a background check under sb941. As bubblegumty as our lawmakers are, they still want to be able to give their pretty daughters a pistol before going out into the world. Purchase your own long gun with a 4473 as "proof" that you are legal to own a firearm just to be sure.

 

[Who The F R U]

I believe a non-prohibited person who is 18 to 20 can be gifted a handgun by a close blood relative legally without a background check under sb941. As bubblegumty as our lawmakers are, they still want to be able to give their pretty daughters a pistol before going out into the world. Purchase your own long gun with a 4473 as "proof" that you are legal to own a firearm just to be sure.

16 year's old