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Hers, Mine or Ours? Firearms and marriage.

Discussion in 'Legal & Political Archive' started by Nick Burkhardt, Feb 1, 2014.

  1. Nick Burkhardt

    Nick Burkhardt NE Oregon Well-Known Member

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    Can a firearm be owned jointly by two people or a married couple the same as a house or car?

    Can a husband buy a firearm for his wife?

    Specifically, a lady here in Oregon who has her CHL went to purchase her first firearm last week but was told by the gunshop that her background check was “flagged” by the Oregon State Police and they would get back to her in MARCH with a yes or no.

    I am wondering if her husband, also a CHL holder, can buy the pistol and gift it to her? She is not a prohibited person. She just does not want to wait in limbo for a month.

    With a married couple why does it even matter? In my house whoever reaches the safe at the foot of the bed first gets the gun. Most likely my wife since I sleep like a log.
     
  2. orygun

    orygun West Linn Bronze Supporter Bronze Supporter

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    Yep. You can buy and gift a firearm to a person who is legally eligible to own one as long as that person is a resident of Oregon. I bought my mom a .22 rifle 8 years ago to give as a birthday gift. I told the guy at the gun counter that, too. I bought it and gave it as a gift. It wasn't like I was buying one with her money because she couldn't. That would be a "straw sale" and that's a No No!

    I have heard of "delayed" and "denied" responses to background checks, but this is a new one on me. Sounds strange. I'd give the State Police a call on Monday to see if you could get a better answer. There could be a problem with a person of the same name, but an over 30 day delay is bizarre.

    Or, if you don't know the gun store very well, they may be doin something fishy. Did she have to pay for the gun first, or just the background check?
     
  3. bnsaibum

    bnsaibum Corvallis, OR Well-Known Member 2015 Volunteer

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    It does sound a lıttle odd.

    On a somewhat related note and a shameless plug for political advocacy, have this person submit their story as testimony for the upcoming SB 1551 bill hearing.
    http://www.northwestfirearms.com/legal-political/161505-ceasefire-pack-hearing-room-sb-1551-hearing-feb-6-8am.html
     
    Blitzkrieg and (deleted member) like this.
  4. Nick Burkhardt

    Nick Burkhardt NE Oregon Well-Known Member

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    I will ask her to. She passed the FBI background check for her CHL, but this is her first purchase so she must not be in the OSP system. A MONTH delay in inexcusable!
     
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  5. bnsaibum

    bnsaibum Corvallis, OR Well-Known Member 2015 Volunteer

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    Still strange. My first purchase was before I got my CHL and it took at most 10 minutes, including time to fill the form out. I have an uncommon last name and that may have something to do with it, aside from my lack of criminal activity.

    What is stranger is that even though my last name is uncommon, there is another person in Corvallis with the same first and last name with the last spelled slightly different. I had occasion to interact with a Corvallis Police officer (no fault of my own) this past week who remarked on my first and last name and its spelling. When I told him I knew of this other person in Corvallis I got the impression that he had many professional interactions with him and I asked as much. The officer said that this man is well known to the Corvallis PD. Even considering this, on my last purchase it took me longer to fill out the form that it did for the background check to clear. I seem to be lucky in that regard and I am extremely grateful.
    I have a friend who's cousin stole his identity and when he went to purchase a firearm was delayed and it took about 6 weeks while he cleared everything. He put a 'hold' on his name that takes longer for him to clear a background check (as quick as 3-4 hours at the fastest). Perhaps the instance you refer to is a case of mistaken identity or stolen ID. Hopefully your lady friend will know more soon and can get it cleared up. Please do impress the timely importance of her story as testimony for our representatives.
     
  6. 41Slinger

    41Slinger Harrisburg Oregon Bronze Supporter Bronze Supporter

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    Friend of mine got a DUII over a year ago, paid the fines, went to the classes, put on 3 years probation because of class A lic. (not in truck). He owns lots of firearms both rifles and handguns, no other issues in his past. After the first of the year he buys a sports pac for $165 and then shortly he decides he wants a 22 mag, tries to buy and is denied, appeals to the State Police, no explanation, just denied. Must be the probation, but no felony, owns lots of firearms, and the state will take his money for a hunting lic. Any Ideas?:confused:

    Opps: didn't mean to hijack the thread, maybe should have posted this as a thread, Mods? Sorry
     
  7. bnsaibum

    bnsaibum Corvallis, OR Well-Known Member 2015 Volunteer

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    I'm pretty sure the answer to this is yes, with some exceptions. One partner may be a prohibited person, in this case the value of the firearm may come up in the event of a divorce. One partner may receive the firearm as a gift which would make it theirs. If you go buy a firearm while you are married I think that generally it is community property in the marriage. I'm not an attorney, so this is only my uninformed opinion.
     
  8. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    In WA anything purchased after the marriage is community property and anything bought before is personal UNLESS awarded to the other as a settlement in a divorce. Done that three times so far. Also, anything that come to you through a relative is SUPPOSED to be your property, but that doesn't hold true when a judge gets involved, again from experience in three divorces in WA.

    If one person is a prohibited person then the prohibited person can't be in the same house as the weapons. I used to work with a convicted felon, I always carried but never told him I was carrying. If he knew he would have had to quit the job.


    Deen
    NRA Life Member, Benefactor Level
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    "Having a gun is like a parachute, if you need one and don't have it you may never need it again"
     
  9. billdeserthills

    billdeserthills Cave Creek, Arizony Well-Known Member

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    In my experience a DUI is often a felony charge that is many times downgraded to a misdemeanor at the completion of the probation. If that is the case, your friend is a prohibited possessor until his probation has been completed and his charge is downgraded to a lower charge. He should be very careful to not be caught with a firearm as that would end his ability to have the original DUI charge downgraded to a lessor charge, even after finishing his probation...
     
  10. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    In this house I have mine. She has hers. And the Kids know who gets what. We had a sit down. And on my inventory spread sheet I have a code for each firearm as to who it goes to at the time. It is also understood that except for dire times no firearm is to be sold. And both the kids have the same mind set.
     
  11. Nick Burkhardt

    Nick Burkhardt NE Oregon Well-Known Member

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    Last year my wife insisted that we get a home defense shotgun. I got a lot of BS from a clerk at the sporting goods store. I'd say "I am looking for a home defense shotgun. Something my wife can handle too." He then got all preachy "Oh if you are buying it for your wife then she has to come down and fill out a 4473 also."

    My wife and I went to another store a week later and picked one out. Problem, the DVM SNAFUed my computer records and OSP said I could not use my drivers license as a valid ID. Not a denial, just a "We can't run him, refund the $10." The DMV said they could just renew my license six months early which would be faster than trying to fix their computer input error, but I needed to dig up my birth certificate to prove I was me. Not happening that day. So my wife asked if she could buy the shotgun for herself. The OSP clerk, through the gun counter guy, read her the riot act about how that was a straw purchase. He said that he was going to "Flag her name in the system. and "She would get in big trouble if she tried to buy anything".

    We called OFF the next day. Kevin called back right away and told her that the OSP clerk was full of it. A few days later she went and bought her shotgun by herself. Approved in one minute. Once I got my new laminated license (the sporting goods store would not take the paper temporary the DMV gives you) I picked up a small .380 for CC that my wife deemed "cute" and claimed it as her own. So I bought another .380 for my CC and a full size 9mm with a quick access safe for the nightstand. Now the Hers, Mine or Ours situation for a thump in the night is, I will go for my wife's 12 gauge while she will grab my 9mm. So why does the OSP get all hung up on who buys what for the house?
     
  12. bnsaibum

    bnsaibum Corvallis, OR Well-Known Member 2015 Volunteer

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    Hey, cut 'em some slack. They only get paid to enforce the law. They don't get paid to know what the law says.
     
  13. PiratePast40

    PiratePast40 Willamette Valley Well-Known Member

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    Well I'm pretty sure that this is the first time that I've heard such a thing as "flagged" by OSP. Sounds like a bunch of made up BS to me. No offense to anyone, but while we're fighting for our rights, we don't need an FFL making up their own terms and stalling a purchase.
     
  14. Nick Burkhardt

    Nick Burkhardt NE Oregon Well-Known Member

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    The problem is the OSP is not doing their job.

    For the lady trying to purchase her first pistol, the OSP told the dealer that her background check had been "flagged" for further review and that they would get an answer on March 4th.
     
  15. Father of four

    Father of four Portland, Oregon Well-Known Member

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    :laugh:
     
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  16. Steve M

    Steve M Beaverton, OR Well-Known Member

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    My wife brings in about 65% of our income. Every time I buy a gun you could say she's actually more the rightful owner than I and I am making a straw purchase for her.

    Isn't there a case in the Supreme Court right now that is about to blow away the straw purchase as being added by the BATF in 1996 of their own initiative rather than a requirement of law?
     
  17. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    And, if a judge gets involved all the above is null and void!


    Deen
    NRA Life Member, Benefactor Level
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    "A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"
     
  18. jluck

    jluck Really,Really, Close to Newport Oregon 97365 Voted #1 Member

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    The term "flagged" was just something spattered by counter person. Temporary holds happen ALL the time with background checks, nothing new, odd, fishy or government conspiracy brewing against you. Just a hold. Something popped up they didn't like. This has happened to
    my dad due to a distant family member with a similar name and a criminal record.

    And to reiterate, Straw purchase is buying a gun for someone NOT legal to purchase cor themselves.
     
  19. Nick Burkhardt

    Nick Burkhardt NE Oregon Well-Known Member

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    What is odd and fishy about this lady's delay is that the OSP won't have an answer until March 4th and she already has a CHL so there should not be anything wrong. Yes she put her SSN on the 4473.
     
  20. Audrey

    Audrey Willamette Valley Active Member

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    A revocable living trust with both of you as trust members would make things "ours." Otherwise it's one of your personal properties.