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Discussion in 'Legal & Political Archive' started by .45's and .38's, Sep 13, 2009.

  1. .45's and .38's

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

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    So, here is what I want to know...... I have done my homework on this pArticular (your rediculous) question, nobody seems to give me a great answer. A FFL told me In oregon, at the age of 18 I can purchase a handgun from a classifieds ad on the internet, just not from the store OR just not from a FFL dealer. Also they have to be a oregon resident....If this is true Why wont anybody sell one to me? I think it is because they are sketched out about the laws changing, nobody wants to get in trouble and I understand that. So I am hoping for 1 final answer to my question. If I am right and you are OK with making a deal send me a PM, I have $ and TRADES.
     
  2. wichaka

    wichaka Wa State Well-Known Member

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    Please stay on track with his request.

    If you have noted information please share it for all.
     
  3. TonsOfOregonBrass

    TonsOfOregonBrass Sandy, OR Active Member

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    This is from OFF's web site:

    Hey guys,
    I had another quick question for you. Here is the situation: I will be 21 in a couple of weeks and want to purchase a handgun. Obviously I can't do this until I'm 21 so if my father purchases one for me and gives it to me as a gift, he doesn't have to register it under his name or anything does he? I guess I want to clarify that it is illegal to purchase a handgun if you are younger than 21 but it is legal for someone who is less than 21 to own a handgun. Am I correct?

    What makes you think we’re all guys? (Maybe we are, but never assume.)
    It is legal to own a handgun if you are younger than 21(but "over 18"). The prohibition is against purchase, not possession.(FFL holders may not sell handguns or handgun ammo to persons under 21)
    As for "registration" understand that when a firearm is purchased FROM A FEDERALLY LICENSED DEALER, there is a de facto registration thanks to the "background check."
    However, this does NOT apply to firearms obtained through transfers from private parties. So, if the gun in question was obtained through a private transfer that took place outside of a legally defined "gun show" there is no registration of any kind.
    Go to the Oregon Gun Laws link on our web site for the entire law.


    Source:

    http://www.oregonfirearms.org/faq/

    About 1/3 of the way down the page.

    So it looks like the law says it is illegal for you to buy, but not illegal for you to own.

    You need to find someone who can gift you a handgun. You cannot buy one. At least that is my take on it. (usual disclaimer, I am not a lawyer. Google is your friend)
     
  4. .45's and .38's

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

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    I have also spoke with them before. I thought it could be a gift from...ur gaurdian,Parent,or other. Meaning someone from something similar to a classifieds ad.
     
  5. TonsOfOregonBrass

    TonsOfOregonBrass Sandy, OR Active Member

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    True, it can be gifted. But you are going to be hard pressed to find someone who is just going to gift you a gun. If you "gift" them money, and they "gift" you a gun, it doesn't take a genius to put together you bought it and would be in violation of the law. I would say give a close relative or someone you know the money. let them buy the gun, and IF and only IF they decide to GIVE you a gun later for no other reason besides they just want to GIVE you the gun. then you wouldn't be breaking the law. However most people would know it is BS, and that includes the ATF or other law enforcement agencies.
     
  6. tionico

    tionico Thurston County Well-Known Member

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    seems this topic came up a while ago, and the final word was that a FFL Dealer cannot, under Federal law, SELL the piece to someone under 21. However, if he buys it private party, it would be legal. Seems the prohibition is not against his purchasing it, or having it, or using it.. only against a FFL Dealer selling it. Can't remember the thread, perhaps a keyword search would turn it up? I KNOW Fed regs prohibit the FFL to sell under these circumstances. Sure, it can be gifted, but the problems with that are well detailed above. Who, other than parent/guardian would do this? And with the federal laws against buying a gun intended for another who cannot legally buy, that won't work either. (although a parent or sibling could be trusted to pull this one off....)
     
  7. Rammer80

    Rammer80 Beaverton Member

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    SO i still can't understand you can't buy it directly from the FFL. But if you buy it privately online and they require them to ship it to a FFL. then it's illegal?
     
  8. PhysicsGuy

    PhysicsGuy Corvallis, OR Resident Science Nut

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    Because an FFL is not allowed to sell (or transfer) a handgun to someone under the age of 21, its the law. But the legal age for possessing a handgun is 18, which is why you can purchase one FTF over 18. I don't know if that clarifies anything.

    But to answer your question, yes its still illegal for an FFL to transfer a handgun to you.
     
  9. Rammer80

    Rammer80 Beaverton Member

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    Okay I am 18 right now. so i'd just need to find some one who will sell me one Face to face? which i heard is quite hard.
     
  10. tionico

    tionico Thurston County Well-Known Member

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    True enough, it is difficult.. BUT, if you were to find the appropriate sections of the firearms legislation that shows the situation, as outlined here, and show it to them, you're a lot more likely to succeed. Being an Oregon resident, I can't suggest you attend some gun shows and buy from a private dealer.. your state legislature illegally determined that is no longer possible in your state. It still is in Washington, but you can't cross the river and buy any handguns here. Again, unconstitutional, but its the law. Our national lawmakers have done us wrong..... again.

    Best course of action is either have a parent purchase it then gift it to you, or persue finding a private party to do a face to face sale.. armed with the federal level laws to show its legal.
     
  11. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Well regardless of your age, I wouldn't be comfortable selling a firearm to anyone who misspelled "particular" in the OP of this thread.... :D ;)
     
  12. tionico

    tionico Thurston County Well-Known Member

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    WORDNAZI!!!!!

    hey, whaddya speck, he's likely a product of the gummint skuulz......
     
  13. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    poster45201227.jpg

    Well maybe a little! :bluelaugh:
     
  14. Gunner3456

    Gunner3456 Salem Well-Known Member

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    I always trusted my son who absolutely loves guns. As an aside, he did 6 years in the NG and qualified expert with both rifle and pistol.

    I taught him to shoot at age 7, and when he was 14 I gave him his grandfather's Winchester 62A .22lr, and I bought him his own brand new left handed bolt Remington 700 BDL .270. I also gave him a Remington 870.

    When he was 18 I began to give him handguns even though he had been shooting mine (with me along) for years.

    It simply came down to trust. He's a good kid who just happens to love to shoot.
     
  15. jordanka16

    jordanka16 Albany, OR Active Member

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    It is pretty hard to get people to sell to me, (19), I've loved shooting since I started with my grandpa's red ryder bb gun, and I've loved handguns since I shot my first one, a .357 Security Six (my grandpa thought it was funny to sneak a .357 in with the .38s). I've been shooting them ever since.

    I'm working on a degree to be a police officer and it's frightening how many police officers don't know what the gun laws are, I'd be afraid of getting in trouble with an ignorant cop too. So does anyone know where I could find the federal documentation on handgun transfers? I know where to find the Oregon law.


    I mostly want a handgun for self-defense use (the Model 12 is a little unwieldy), and more appropriate sized shotguns are pretty expensive.
     
  16. dario541

    dario541 medford, or 97504 Member

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    My, how the world has changed! When I went to school (the 40's and 50's) kids would often carry guns to school. The teacher didn't even blink as the gun was placed in a coatroom or other storage place. I guess that the world is much safer now, RIGHT???