Oregon Pistol Under 21

[landono]

I am looking to buy a Glock 43. I'm 19 My father would be buying the pistol, on one condition: We need to find a way to transfer ownership to myself. Is it possible?? Am i legally allowed to be gifted a handgun under 21


we both live in oregon and both have clean backgrounds

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[DirectDrive]

Last time I looked, you cannot legally possess a handgun in Oregon if you are under 21.
If you want a G43, you probably also want to carry concealed.
Wait until you're 21 and get your CHL.

 

[User 1234]

Also, read up on "straw purchases" and basic firearms law topics.

 

[Koda]

You cannot have your dad buy a gun for you, no FFL will sell him one under that premise and attempting to I think is a felony.

Anyone over 18 can be gifted a gun, Im not certain if an FFL will transfer the gun to anyone under 21 though.

Look up Oregon SB941 which passed in 2015 and governs gifting and transfers.

 

[DirectDrive]

Long gun vs handgun ^^^
Each have different rules.

 

[Alexx1401]

I am looking to buy a Glock 43. I'm 19 My father would be buying the pistol, on one condition: We need to find a way to transfer ownership to myself. Is it possible?? Am i legally allowed to be gifted a handgun under 21


we both live in oregon and both have clean backgrounds

There is Federal Law, and there is State law. Many states will allow someone under 21 to posses a handgun. If OR does it would be easy to look up. No FFL can sell you a handgun as they have to follow Federal law which says buyer has to be 21. If you both walk in saying this is what you are doing the FFL is going to say no sale. Your dad can buy the gun, you can use it assuming its OK in OR. When you turn 21 you could both go to a dealer and transfer the handgun to you.

 

[solv3nt]

You cannot have your dad buy a gun for you, no FFL will sell him one under that premise and attempting to I think is a felony.

Anyone over 18 can be gifted a gun, Im not certain if an FFL will transfer the gun to anyone under 21 though.

Look up Oregon SB941 which passed in 2015 and governs gifting and transfers.

I thought they closed it so you had to be 21 but I don't remember for sure.

 

[Alexx1401]

I thought they closed it so you had to be 21 but I don't remember for sure.

It would depend on what the state of OR law says about handguns. Since I don't live there never paid much attention. Some states have no problem with people under 21 having a handgun, others do. This is what it would hinge on. What OR state laws says about someone under 21 possessing a handgun.

 

[solv3nt]

It would depend on what the state of OR law says about handguns. Since I don't live there never paid much attention. Some states have no problem with people under 21 having a handgun, others do. This is what it would hinge on. What OR state laws says about someone under 21 possessing a handgun.

It looks like ORS 166.250 says no. But it's really really and I'm not a lawyer.

 

[WillametteWill]

https://oregon.public.law/statutes/ors_166.250It looks like ORS 166.250 says no. But it's really really and I'm not a lawyer.

I'm only seeing where it addresses folks under 18, here is a link for the OP:
https://oregon.public.law/statutes/ors_166.250

To the OP, no one can "buy a gun for you," as this is the definition of a straw purchase and a federal felony. If your parent buys it and you use it, that is one thing. Words matter with this topic and make the difference between lawful gun ownership and a felony. Not legal advice, but a suggestion for additional research on your part.

We will address the Glock issues later...

Totally kidding and welcome to the shooting world.

 

[arakboss]

I am looking to buy a Glock 43. I'm 19 My father would be buying the pistol, on one condition: We need to find a way to transfer ownership to myself. Is it possible?? Am i legally allowed to be gifted a handgun under 21


we both live in oregon and both have clean backgrounds

Yes and you would not need to do a background check to receive a firearm from your father in Oregon.

Edit: To clarify, your father can buy a pistol and give it to you. You can not ask him to buy it for you and provide him the payment to do so. Here is more info on the difference. People buy firearms as gifts all the time, it is not illegal in most cases to do this.

Firearms as Gifts

Christmas is coming soon! If you’re already an FFL, you’re likely to have customers looking to purchase a firearm as a gift for somebody else. If you’re not already an FFL, what are you waiting for? You can start the process of getting your FFL today! Although this is a great time for increased...

rocketffl.com

 

[Alexx1401]

It looks like ORS 166.250 says no. But it's really really and I'm not a lawyer.

If the OP still wants one the info would be there on the state site I am sure. Lot of states will allow someone old enough to go hunting the OK to use a hand gun. If OR is 21 then guy will have to wait. I suppose one way to find out is stop at a range with rentals. Ask them if he can rent one from them. If yes, then state must allow him to possess one even though he could not buy one from an FFL. Like so many laws on this its totally stupid but when has that ever stopped law makers.

 

[Koda]

I thought they closed it so you had to be 21 but I don't remember for sure.

Im not certain if we are talking about someone under 21 possessing a gun or being transferred a gun. The OP has only asked about the transferring of the gun to his name thru the FFL BGC registration process.

ORS166.250 allows anyone over 18 to posses a gun but does not cover transferring of gun ownership.

SB941 was the BGC law that changed how guns can be transferred in Oregon. I wish I could find the actual statute but I think this is where the OPs answer lies. What Ive always understood under SB941 is a parent can give a gun to a son with no BGC. But then the Dad would still "own" the gun as far as being registered in his name. I dont think 941 allows an FFL to transfer a gun to anyone under 21, but its a long read of legalese and I think the OP needs to be the one than us.

 

[Koda]

There is Federal Law, and there is State law. Many states will allow someone under 21 to posses a handgun. If OR does it would be easy to look up. No FFL can sell you a handgun as they have to follow Federal law which says buyer has to be 21. If you both walk in saying this is what you are doing the FFL is going to say no sale. Your dad can buy the gun, you can use it assuming its OK in OR. When you turn 21 you could both go to a dealer and transfer the handgun to you.

This answers the OPs question about transferring the gun in his name.

 

[ZA_Survivalist]

I am looking to buy a Glock 43. I'm 19 My father would be buying the pistol, on one condition: We need to find a way to transfer ownership to myself. Is it possible?? Am i legally allowed to be gifted a handgun under 21


we both live in oregon and both have clean backgrounds

No. No one is going to risk their FFL status to transfer a pistol to a 19yo after an admitted straw purchase.

 

[Yarome]

It's real simple. 18-21 can possess a handgun. They cannot "buy"/transfer a firearm nor can they purchase pistol ammunition until 21.

A father can purchase a handgun. He can gift said handgun to certain persons without the requirement of a BGC. A son qualifies. A BGC or transfer of ownership is never required at any point in time under that circumstance. The son may at any time after the age of 21 sell said handgun without ever having done a 4473 transfer of ownership... unless.... the father requires it because he doesn't trust what his son might end up doing with it... in which case... he never should have made a firearm available to the kid in the first place. Derrrrr

OR currently has no registration requirement to legally own a firearm.

*Something to consider though. A father "may" make that requirement of his child in a fools attempt to protect themselves from some type of future liability, but in actuality, may be making a case for a prosecutor to argue that he did in fact gift a firearm to an individual he did not in good faith believe was capable, sound of mind and/or lawfully able to possess one. Why else attempt to protect oneself from potential liability(?)

"Technically" what you can't do is tell your father specifically which firearm to buy and give him the money, trade services or make compensatory agreements for him to buy it.

Also, "technically"... whatever discussions that may or may not occur between a father and a son in the sanctity of their own home is their own business and not for public consumption.

Buying a firearm for a gift is not illegal. Buying one on behalf of another person is.

 

[washagonian]

Below is my analysis of the OP's question - which I think is a valid question and helpful in fleshing out the complexity of firearms laws in Oregon.

I do not claim to be correct. I am NOT an attorney and this is NOT legal advice (god forbid ). This is just my perspective. I would appreciate anyone with specific contradictory information to post so we can continue the discussion.

I see this issue breaking down into three major components.

************************************

1.) In Oregon, can a person between the ages of 18 to 20 own a handgun.

My perspective of the answer is - YES.

Although a person under 21 cannot PURCHASE a handgun. I cannot find anything in Oregon Revised Statues or Federal Statues that states that a person 18 - 20 years of age may not own or be in legal possession of a handgun. Purchasing is different from owning.

STILL - this particular point might be something to discuss with a competent attorney, just to be sure.

************************************

2.) Can a firearm be purchased as a gift for someone else?

My perspective of the answer is - YES.

The purchase must be a "bona fide" gift and must NOT meet the criteria of a straw purchase. This is explained in detail in the instructions for question 21(a) of the current ATF Form 4473 (revision date of August, 2023).

Link to August 2023 version of Form 4473 - https://www.atf.gov/firearms/docs/4...n-record-over-counter-atf-form-53009/download

I bet 99% of us have never read through Form 4473's instructions. I know that I hadn't until recently. Go and read the instructions to question 21.a.

*************************************

3.) In Oregon, can a handgun be permanently transferred from father to son who is NOT a minor (under 18) without conducting a background check and transfer through an FFL?

My perspective of the answer is - YES.

ORS 166.435, 4(C)(c) provides for a father to transfer a firearm to a son who is not a minor without having to go through a background check.

Link to Oregon Revised Statue 166.435. - https://oregon.public.law/statutes/ors_166.435

The father MUST believe that his son is NOT legally prohibited by law from owning a firearm.

Also, the giving of the firearm must not meet the criteria of a straw purchase.

*************************************

What about Oregon HB2005 and Measure 114

Regarding House Bill 2005

I cannot find anything in the "enrolled" version of Oregon House Bill 2005 that would prohibit a person between the ages of 18 - 20 from lawfully owning a handgun.


Here is a link to HB 2005 - https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/HB2005/Enrolled


Regarding Ballot Measure 114

BM 114 is currently permanently enjoined. So, not operational at this time.

For what it's worth, here is a link to BM 114 text: https://sos.oregon.gov/admin/Documents/irr/2022/017text.pdf

*************************************

Take What You Like and Leave the Rest.

Alternative perspectives and information are welcome.

Cheers.

 

[Tlock]

It's real simple. 18-21 can possess a handgun. They cannot "buy"/transfer a firearm nor can they purchase pistol ammunition until 21.

A father can purchase a handgun. He can gift said handgun to certain persons without the requirement of a BGC. A son qualifies. A BGC or transfer of ownership is never required at any point in time under that circumstance. The son may at any any time after the age of 21 sell said handgun without ever having done a 4473 transfer of ownership... unless.... the father requires it because he doesn't trust what his son might end up doing with it... in which case... he never should have made a firearm available to the kid in the first place. Derrrrr

OR currently has no registration requirement to legally own a firearm.

*Something to consider though. A father "may" make that requirement of his child in a fools attempt to protect themselves from some type of future liability, but in actuality, may be making a case for a prosecutor to argue that he did in fact gift a firearm to an individual he did not in good faith believe was capable, sound of mind and/or lawfully able to possess one. Why else attempt to protect oneself from potential liability(?)

"Technically" what you can't do is tell your father specifically which firearm to buy and give him the money, trade services or make compensatory agreements for him to buy it.

Also, "technically"... whatever discussions that may or may not occur between a father and a son in the sanctity of their own home is their own business and not for public consumption.

Buying a firearm for a gift is not illegal. Buying one on behalf of another person is.

That's what I did