Oregon Obtaining a handgun under 21

[white-heat]

I wanted to ask questions about someone under 21, such as myself, obtaining a handgun in a post HB2005 Oregon and after the ATF affirmed under 21s' right to purchase a handgun.

I see a lot of people saying it is illegal for someone under 21 to purchase a handgun in Oregon flat-out. I understand how in practice it's not posable but ORS 166.435 defines a transfer, transferor and transferee as:

• "Transfer" means the delivery of a firearm from a transferor to a transferee, including, but not limited to, the sale, gift, loan or lease of the firearm.
• "Transferee" means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to receive a firearm from a transferor.
• "Transferor" means a person who is not a gun dealer or licensed as a manufacturer or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee.

Under these definitions the purchase would not be from the FFL making it legal. However further down it states:

[After receiving] a unique approval number from the Department of State Police indicating that the transferee is qualified to complete the transfer, the gun dealer shall notify the transferor, enter the firearm into the gun dealer's inventory and transfer the firearm to the transferee.

Which seemingly contradicts the previous quotes. The FFL is doing none of the aforementioned definitions of a transfer. It can't be delivery because the definition of transferor, the transferor would be the one doing the delivery. Regardless According to 18 USC § 922(x)(1)

It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile

Juvenile is defined in 18 USC § 922(x)(5):

For purposes of this subsection, the term "juvenile" means a person who is less than 18 years of age.

So explicitly under this law it is not illegal for an FFL to transfer a handgun to someone under 21. However, the ATF's website states:

Under federal law, FFLs may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 21.

But it cites no federal laws. Another page on the ATF's website cites 18 U.S.C. 922(b)(1)

It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver... [a] firearm, or ammunition... other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

Clearly this law says nothing about transferring.

My first question is, can I legally, as opposed to practically, purchase a handgun in Oregon? The state law seems to imply the FFL would not be transferring the gun by the use of the language "transferer" and "transferee." But then it says the FFL is transferring the firearm. Assuming the FFL is considered as doing the transfer, is it illegal for an FFL to do it? Again, I'm not talking about practical legality, but explicit, taking the laws at it's word, legality. I think it's a fact that the ATF's website contains inaccuracies (feel free to correct me if I'm wrong).

Additionally, I can be gifted a gun from immediate family. ORS 166.435 sets the legal transfer list as:

A transferor's spouse or domestic partner;
A transferor's parent or stepparent;
A transferor's child or stepchild;
A transferor's sibling;
A transferor's grandparent;
A transferor's grandchild;
A transferor's aunt or uncle;
A transferor's first cousin;
A transferor's niece or nephew; or
The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of this paragraph.

I've passingly read before that this lists only applies to long guns and not handguns, however I see no indication that is the case according to ORS. Is this the case? Moreover, I am a transplant to Oregon and all my family live in other "freer states." Are there any issues with a member of the approved transfer list gifting a handgun to me acquired from another state?

I won't pretend to be a legal expert or that I've fully read over each word in these laws, and if any conclusions I made are incorrect I'd very much apricate a correction. As much as I want a handgun, I'd like to keep this conversion more focused on can I get a handgun and not should. Thanks in advance for any answers or contributions!

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[TTSX]

Typically you just go behind the Denny's and give some shady hobo a roll of quarters

 

[ZA_Survivalist]

Call your local sheriff, OSP and political representative and ask.. or perhaps call the BATF?
None here can give legal advice, mincing of the written words is moot as no FFL I've met will transfer to an individual under 21. Pair that with our judicial system and its anti 2A, blood thirsty DA that loves sacrificial lambs and you get the idea.
With respect, There is zero point in pursuing this. Simply wait.

However, What your family does regarding this issue is between YOU and THEM and should not be posted about online..

 

[white-heat]

However, What your family does regarding this issue is between YOU and THEM and should not be posted about online..

it's a hypocritical but regardless, I wouldn't want there to be any issues in regards to an interstate transfer.

 

[ZA_Survivalist]

it's a hypocritical but regardless, I wouldn't want there to be any issues in regards to an interstate transfer.

What your family does is their business..
Not condemning or condoning but you can see what I'm saying.. who's to say anything happened behind closed doors amongst family in regards to this issue.

 

[street]

Funny, because that's one of the arguments the ATF made in recent oral arguments before the Fifth Circuit in Reese v ATF (the young adult handgun ban case). The FPC thread on that Irak argument begins here, and is an interesting read.