I just turned 18 and have a question about gun ownership

[Dan_g]

My brother (32 years old and avid shooter) has an amazingly beautiful pistol. It's nice to the touch and easy to handle. Anyways, I want to buy one just like that. So, I joined the NRA and began researching ways to acquire one.

Sadly, I after literally 2 minutes of research, it came upon me that I can't legally purchase handguns until I'm 21. Is there a way I can legally obtain a handgun for myself in Oregon (say, from a family member, or in my case, my brother sells/transfers the gun to me)?

All the best,

Dan

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[tac]

Nope. That is called a straw purchase, and is a Federal criminal offence. Both you and your brother would be in deep do-do's if this were to happen.

You can wait until you are 21, or let your big brother loan it to you while you are both on the range or whatever. But you can NOT buy it, or make any other form of payment for it.

 

[Dan_g]

Nope. That is called a straw purchase, and is a Federal criminal offence. Both you and your brother would be in deep do-do's if this were to happen.

You can wait until you are 21, or let your big brother loan it to you while you are both on the range or whatever. But you can NOT buy it, or make any other form of payment for it.

So no gifts, nothing, just loaning.

 

[Dan_g]

So no gifts, nothing, just loaning.

Kk thank you so much!!!

 

[tac]

So no gifts, nothing, just loaning.

Yup. Do NOT get caught in possession outside the family property, or on a range where you AND your brother are shooting. Getting caught in public in possession of a firearm under the age of 18 is just one of the many ways that you can avoid the decision of gun-purchase for a number of years.....

 

[Dan_g]

. Agreed. One more question, Does this also apply to 18+ with regards to private sale/inheritance/gifts

 

[Dan_g]

. Agreed. One more question, Does this also apply to 18+ with regards to private sale/inheritance/gifts

Because ive heard it's illegal to BUY one, but is it illegal to OWN/USE one that you received as a gift

 

[Hueco]

I am not a lawyer and advise that you contact one to get any legal questions clarified and answered. I don't know any firearms lawyers but Oregon's Only No Compromise Gun Rights Organization - Oregon Firearms Federation may be able to point you in the right direction.

The relevant law is: ORS 166.435 - Firearm transfers by unlicensed persons - 2017 Oregon Revised Statutes

I disagree with @tac - the law is fairly clear that you may obtain a handgun if it is a gift and you are over 18. Make sure not to engage in a straw purchase, which would be highly illegal (no money can trade hands).

You cannot get a concealed permit until 21 and I don't know/am not going to lookup whether you can carry openly or what law will rule your transportation of the weapon to and from the range or other location.

 

[orygun]

This is a weird area, at 18 you're old enough to own a firearm, but not old enough to buy one, and if you follow the state's idiotic laws, it can't given to you without a transfer...

Before the private transfer BS it was simple to give a gun to a law abiding friend or family member...

 

[arakboss]

This is a weird area, at 18 you're old enough to own a firearm, but not old enough to buy one, and if you follow the state's idiotic laws, it can't given to you without a transfer...

Before the private transfer BS it was simple to give a gun to a law abiding friend or family member...

Certain Oregon family members can still transfer a firearm to certain Oregon family members without going through background check process.

 

[arakboss]

I am not a lawyer and advise that you contact one to get any legal questions clarified and answered. I don't know any firearms lawyers but Oregon's Only No Compromise Gun Rights Organization - Oregon Firearms Federation may be able to point you in the right direction.

The relevant law is: ORS 166.435 - Firearm transfers by unlicensed persons - 2017 Oregon Revised Statutes

I disagree with @tac - the law is fairly clear that you may obtain a handgun if it is a gift and you are over 18. Make sure not to engage in a straw purchase, which would be highly illegal (no money can trade hands).

You cannot get a concealed permit until 21 and I don't know/am not going to lookup whether you can carry openly or what law will rule your transportation of the weapon to and from the range or other location.

Can you point to the part of the law that would prohibit OP from legally buying the handgun from his brother?

 

[P7M13]

law is fairly clear that you may obtain a handgun if it is a gift and you are over 18.

Note that it's direct, immediate family. None of the 6° shenanigans. Your first mistake as a potential gun owner is asking advice here. While the members here are knowledgable and law abiding, they "don't know you from Shinola," to use an ancient expression.

1. Talk with your brother
2. Seek an attorney
3. Do it correctly, or as @tac warns, lose the right to do it, permanently.

Did you ever express your interest to your brother? Owning a gun requires maturity and common sense. Perhaps your brother has not yet while assessing those factors?
Welcome to the forum.

 

[P7M13]

Can you point to the part of the law that would prohibit OP from legally buying the handgun from his brother?

Buying? Federal statute, possibly originating with GCA 1968, I believe.
Gifting? Bro can, but if li'l bro misbehaves with said gun, big bro would likely be dragged into the sheite.

 

[tac]

Because ive heard it's illegal to BUY one, but is it illegal to OWN/USE one that you received as a gift

You didn't say 'gift' in your OP, you said 'sold'.

There is a whole world of difference right there.

 

[Hueco]

Can you point to the part of the law that would prohibit OP from legally buying the handgun from his brother?

I can't seem to find it. May have been sloppy reading on my part, it's been a long night.

Having the brother purchase a weapon with intent to sell fits the definition of a straw purchase and requires a lie on the 4473. That assumes a new weapon. If Big Bro wanted to sell his used pistol to Little Bro...rereading the statue, it appears that that may be okay. Like @P7id10T said - get a lawyer.

 

[CountryGent]

This ATF entry is relevant to this question.

May an individual between the ages of 18 and 21 years of age acquire a handgun from an unlicensed individual who is also a resident of that same State?​

An individual between 18 and 21 years of age may acquire a handgun from an unlicensed individual who resides in the same State, provided the person acquiring the handgun is not otherwise prohibited from receiving or possessing firearms under Federal law. A Federal firearms licensee may not, however, sell or deliver a firearm other than a shotgun or rifle to a person the licensee knows or has reasonable cause to believe is under 21 years of age.​

​

There may be State or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information on any such requirements.​

​

[18 U.S.C. 922(b)(1)]​

 

[Siglvr]

Is there a way I can legally obtain a handgun for myself in Oregon?

One of the problems all gun owners have it this: todays legal way based on the regulations quickly become tomorrows felony due to some strange new law. Most of us have a hard enough time keeping track of what the hell is legal for a car driver. I truthfully know so little -my thought is to: 1st) Email Oregon state police, if not email, call them up. They're the ones doing the checks when you buy a firearm.

I was stunned when, after the pup gifted me an archery setup and we had a lengthy debate (also with my son) over the legality of setting up an archery range in my back yard, he simply called up the cops to ask and they said: "go ahead, archery is fine, guns are not". I had no idea I could do that legally (if I wanted to).

When we were in high school if you wanted a pistol you just bought one. None of my buddies were 18 but they all legally owned guns. 2 later became officers, we weren't thugs. Stick with it and welcome to the forum.

 

[The Heretic]

I was stunned when, after the pup gifted me an archery setup and we had a lengthy debate (also with my son) over the legality of setting up an archery range in my back yard, he simply called up the cops to ask and they said: "go ahead, archery is fine, guns are not". I had no idea I could do that legally (if I wanted to).

Archery, air guns, even slingshots - it depends on the city/locale. In many cities it is indeed illegal to shoot a bow.

Oregon Revised Statutes Crimes and Punishments § 166.220 | FindLaw

Oregon Title 16. Crimes and Punishments OR ST Section 166.220. Read the code on FindLaw

codes.findlaw.com

(1) A person commits the crime of unlawful use of a weapon if the person:
(a) Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon as defined in ORS 161.015 ; or
(b) Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge.
(2) This section does not apply to:
(a) Police officers or military personnel in the lawful performance of their official duties;
(b) Persons lawfully defending life or property as provided in ORS 161.219 ;
(c) Persons discharging firearms, blowguns, bows and arrows, crossbows or explosive devices upon public or private shooting ranges, shooting galleries or other areas designated and built for the purpose of target shooting;

 

[RicInOR]

My brother (32 years old and avid shooter) has an amazingly beautiful pistol. It's nice to the touch and easy to handle. Anyways, I want to buy one just like that. So, I joined the NRA and began researching ways to acquire one.

Sadly, I after literally 2 minutes of research, it came upon me that I can't legally purchase handguns until I'm 21. Is there a way I can legally obtain a handgun for myself in Oregon (say, from a family member, or in my case, my brother sells/transfers the gun to me)?

All the best,

Dan

We are not offering legal advice.




Some placed I have used to do research include--

handgunlaw.us

Oregon's Only No Compromise Gun Rights Organization - Oregon Firearms Federation

Home - Oregon Concealed Handgun Licensing

oregonchl.org

Even if you can't conceal carry at this time, going thru those courses can be beneficial - nothing wrong with free and online training.


a current version of this book:
Understanding Oregon's Gun Laws: A Guide to Gun Ownership in Plain English: Kevin Starrett: 9780977493913: Amazon.com: Books



Laws are interpreted by the courts, so even a few years old article, which could have provided accurate information at the time of publication, maybe now, currently, incorrect.




BTW --

Welcome to NWFA

 

[chief_shotts]

My brother (32 years old and avid shooter) has an amazingly beautiful pistol. It's nice to the touch and easy to handle. Anyways, I want to buy one just like that. So, I joined the NRA and began researching ways to acquire one.

Sadly, I after literally 2 minutes of research, it came upon me that I can't legally purchase handguns until I'm 21. Is there a way I can legally obtain a handgun for myself in Oregon (say, from a family member, or in my case, my brother sells/transfers the gun to me)?

All the best,

Dan

Instead of reading all this nonsense back and forth banter about whether or not you can obtain/own a handgun why don't you just go read the laws for yourself. It's not a secret. Oregonlaws.org.