Loaned Handgun from Father

[hermannr]

i have a question are you 21 years old if so then you can have the pistol if it comes from your direct family member like brother, sister, mom, dad , grandma , grandpa

YOU DO NOT HAVE TO BE 21! STOP THAT CARP!!!! This is from a guy that is 65!

 

[linflas]

YOU DO NOT HAVE TO BE 21! STOP THAT CARP!!!! This is from a guy that is 65!

Dad is 80, I am 42, LOL, not 65 yet.

I have Oregon, and Utah CHL, so meet all legal guidelines to own a handgun

 

[pchewn]

'Reside' is a legal term that denotes a person having residence of the state in question for not less than 6 months per year. Doesn't mean 'currently standing in the same state as you'.

I registered to vote in Oregon and got an Oregon driver's license within 1 month of moving here. I don't think I had to wait 6 months for that.

If I was selling a gun face-to-face to someone in Oregon, I might ask to see their Oregon driver's license if I wanted to make sure they were a resident.

If I had a father or a son I wanted to transfer a gun to, I would know they were residing in Oregon because they would be on the couch or in the guest room. That is residing in Oregon.

 

[linflas]

If I had a father or a son I wanted to transfer a gun to, I would know they were residing in Oregon because they would be on the couch or in the guest room. That is residing in Oregon.

That is how it worked, however I do not think the law agrees with your definition of residency, though I wish it did.

 

[Riot]

Holy crap! Thought that this would be cut and dry guys.

1) Yes, you can own a firearm that your father gave you without an FFL.
2) Yes, you can legally transport a firearm across state lines as long as it is unloaded.
3) I posted the CA law as reference since it says you can get hand-me-downs from your relatives LEGALLY. The rest of that registration crap is for CA ONLY but I, personally, don't know of any Oregon laws for registration. Ironically, there is more info on CA gun laws (probably since there are more of them than most states) than any other state involving stuff like this.
4) What's with the 21 year old stuff? You can legally own a firearm at 18, you just can't purchase a handgun (or handgun bullets) unless you are 21 and older.

 

[linflas]

Holy crap! Thought that this would be cut and dry guys.

1) Yes, you can own a firearm that your father gave you without an FFL.

@Riot, even if my Father resides in another state? The way I read federal law was that if I wish to be the owner I need to do an FFL transfer. My Dad lives in Arizona, I live in Oregon.

I am really just wondering if a FFL holder in Oregon is going to require my Father to either be in person in Oregon for the transfer, or will I need to ship the firearm back to him (which is legal as he is the owner), so the weapon can be shipped to the FFL from owners origin.

 

[receo]

I think you will find your answer here.

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

 

[One-Eyed Ross]

Play it safe, do a transfer through a dealer and make it legal. Transferring a handgun (ownership) across state lines has to go through a licensed FFL. We all agree on that part. The fact that it is a relative makes no difference since the father is still alive...

 

[linflas]

I guess I need to speak to an FFL holder and ask their advice on this. Anyone have a recommendation for the Salem, OR area of whom I might contact?

 

[Teacher Todd]

As an ffl holder I would recommend the transfer. The reason being is the gun is changing ownership across state lines. If you and your father had residence in the same state then transfer away with no paperwork. If you were over on the dry side of the state I would do the transfer for you to help you out for 15.00. You do not have to send the gun back, as an ffl dealer I can take possession of the gun anywhere, I can only transfer at gun shows or my place of business. I tend to error on the side of caution when dealing with guns I will be carrying and may need to use. Let me know if I can be of any help.

 

[mjbskwim]

I think this is so sweet.All this talk about laws and such.

Why not just keep the darned gun and forget about it? It's not like you are transferring an AR to California or Massachusetts,NY NJ.

As long as you are robbing banks on the side,who would really care? Have Dad write a letter saying you may as well keep the handgun he loaned you 10 years ago if he cares.

Otherwise this is a non issue,really

This was a topic at the gun store the other day.But the Dad had the gun in AZ.So yes it needed to go through the proper channels if it was to be mailed or transported from state to state.

 

[JedB]

I'm a cautious person when it comes to legal things of this nature.

I would treat this as if it were a purchase/transfer from out of state & go through an FFL dealer. It's $50 at most and everything will be tidy.

I'd also leave it in the gunsafe/tucked away until he comes for another visit and then go do the transfer.

 

[hermannr]

I'm a cautious person when it comes to legal things of this nature.

I would treat this as if it were a purchase/transfer from out of state & go through an FFL dealer. It's $50 at most and everything will be tidy.

I'd also leave it in the gunsafe/tucked away until he comes for another visit and then go do the transfer.

I do not understand why you are so concerned. It makes no sense to me. If it bothers you,,,,It is a "loaned" until your father dies and you inheirit it, no transfer or state requirements under those conditions.

There is no "registration" or "registered" owner of any weapon in OR. If your father obtained that gun prior to 1968 (I own several like that) there isn't even an entry into an FFL log book. You have to remember, most of that ATF stuff deals with transfers by a "licensed" person (AKA an FFL) not privately loaned weapons between father and son.

I had physical possession of all but one of my father's guns for years before he died. They were his guns if anyone asked. As far as I was concerned they WERE his guns. If he had asked for them back, I would have given them back. When he died, I even got the one he kept. No transfer necessary. Now that he is dead, they are "my" guns.

One of my guns I have given to one of my granddaughters...it is still in my possession, and will be until she turns 18 or I die whichever comes first. (her dad is an anti and won't allow a gun in the house). Even if they move to FL (likely, it looks like her dad will be transfered there), it still won't be transfered. As far as the granddaughter and her mother (our daughter) are concerned, the pistol already belongs to her. It doesn't really matter when or where she takes possession of what is already hers.

 

[mjbskwim]

I do not understand why you are so concerned. It makes no sense to me. If it bothers you,,,,It is a "loaned" until your father dies and you inheirit it, no transfer or state requirements under those conditions.

There is no "registration" or "registered" owner of any weapon in OR. If your father obtained that gun prior to 1968 (I own several like that) there isn't even an entry into an FFL log book. You have to remember, most of that ATF stuff deals with transfers by a "licensed" person (AKA an FFL) not privately loaned weapons between father and son.

I would bet there are a plenty of father/son combos lifting each other's guns from hunting trips.Taking them home for a few years.Completely forgetting who actually bought the gun.

This stuff kinda cracks me up.

 

[97321]

I'll pose a question for perspective. Why the fuss?
Go to your local gun store or shooting club (if licensed FFL as some are) and ask them to arrange the transfer. There will be a nominal fee. Consider that you are supporting a local small business, paying a reasonable fee for a valuable service. Your dad will be happy; you will be happy; your Uncle Sam will be happy. Everyone in the family will be happy.
I would not expect that you would have to ship the firearm to AZ so that it could be imported to OR through a FFL. You simply need an FFL to record the transfer.

 

[mjbskwim]

My Father has loaned me a handgun for sporting purposes, however, he is now thinking of gifting it to me. Do I have to return the weapon to him in Arizona, prior to doing the FFL transfer, or can the firearm stay with me in Oregon and the paper work submitted?

pissssst:this must never be spoken of again

 

[gearchecker]

Gun transfers across state lines are illegal if they don't go thru an FFL.
NO Exceptions. It is a tranfer from an Arizona resident and an Oregon resident.

What isn't being understood here. Read the top sticky on the forum classifieds main page.
<broken link removed>

Why try to usurp the law. All it's going to do, is give somebody a felony on their record.

Pay the $10 for the background check, and the $25 or so to an FFL.
That's much cheaper than the alternatives like Jail time, and a felony on your record that will ban you forever from owning a handgun anyway.

Will it really be worth the risk?

I've been asking quite a few questions lately about Oregon laws concerning guns, and now some members are advising another to break the law.
In my simple opinion it seems pretty stupid advice to me.

 

[drew]

Gun transfers across state lines are illegal if they don't go thru an FFL.
NO Exceptions. It is a tranfer from an Arizona resident and an Oregon resident.

What isn't being understood here. Read the top sticky on the forum classifieds main page.
<broken link removed>

Why try to usurp the law. All it's going to do, is give somebody a felony on their record.

Pay the $10 for the background check, and the $25 or so to an FFL.
That's much cheaper than the alternatives like Jail time, and a felony on your record that will ban you forever from owning a handgun anyway.

Will it really be worth the risk?

I've been asking quite a few questions lately about Oregon laws concerning guns, and now some members are advising another to break the law.
In my simple opinion it seems pretty stupid advice to me.

That page is for typical cases. The questions page it links to actually discusses inheritance. These are both special cases addressed by 18 U.S.C. 922(a)(3) and (5). It is legal to loan a firearm or bequeath it to the resident of another state without going through a FFL. Gifting it across state lines while the transferor is alive requires an FFL.

<broken link removed>

§ 922. UNLAWFUL ACTS
(a) It shall be unlawful—

...

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

...

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

...

 

[gearchecker]

It's quite obvious the OP knows that a transfer is required.

My Father has loaned me a handgun for sporting purposes, however, he is now thinking of gifting it to me. Do I have to return the weapon to him in Arizona, prior to doing the FFL transfer, or can the firearm stay with me in Oregon and the paper work submitted?

There is no special exemption here. To transfer this gun from his father to the OP he must turn it over to an FFL and go thru the required paperwork.
It does not need to go back to Arizona. Just drop it off at the FFL in his home area and be patient. Even if it's only in the FFL's possession for the limited time required for the background check and the transfer to be completed (3 days at the most?)
If his father claims to loan it to him "for an unlimited time" that still represents a transfer of possession and must go thru the FFL.
Because of this clause

(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

As long as his father is alive the transfer is mandatory. NO other exceptions here. It's pretty simple.
It appears many of the members here are trying to read something into the law that isn't there.

 

[mjbskwim]

Gun transfers across state lines are illegal if they don't go thru an FFL.
NO Exceptions. It is a tranfer from an Arizona resident and an Oregon resident.

What isn't being understood here. Read the top sticky on the forum classifieds main page.
<broken link removed>

Why try to usurp the law. All it's going to do, is give somebody a felony on their record.

Pay the $10 for the background check, and the $25 or so to an FFL.
That's much cheaper than the alternatives like Jail time, and a felony on your record that will ban you forever from owning a handgun anyway.

Will it really be worth the risk?

I've been asking quite a few questions lately about Oregon laws concerning guns, and now some members are advising another to break the law.
In my simple opinion it seems pretty stupid advice to me.

Whatever brah

Let me state this another way

IF you are going to use the gun as a ADC CCW then YES ,most definitely do all the paper work.
(but since it was registered to your Dad,I'm ASSuming,they won't ask any more questions about it anyway)
But this will keep him clear of anything.(but if he is a good dad,and trusted you with his hand gun,I'm sure he won't question your decision to use it in a defensive situation)

Now if you are not going to use it as an ADC CCW,then it really doesn't matter now does it?
Why would it cause jail time if you aren't doing anything illegal with it?
Who would ever know who's gun it is? (in the last 30+ years of buying and selling guns,I have NEVER been asked,by any LEOs,who's gun I am in possession of)
If you have it stolen ,your dad left it at your house and you took it hunting.

IT DOES NOT REALLY BREAK ANY LAWS You would never get asked who's gun it is or where it came from.
YOUR DAD FORGOT IT last time he came out to visit.

If it wasn't his dad I would not be saying to by pass and steps here
Since it IS HIS DAD,I don't believe he is by passing any steps or laws.

Now go unbunch your panties,please