Purchasing a firearm for immediate family

[Flymph]

I just want clarification on some reading I've done about buying a gun for somebody else. Since it's my father in law's birthday, would I need to pay for a background check and transfer to register it in his name? As far as I can tell the background check is a no, but I'm unsure about the transfer. If I still need to pay for a transfer fee, I feel like paying for his background check would be more cost effective. Would I be better off just taking him to the shop with me, even tho it ruins the surprise?
The plan has been to take him to the shop, hence the late notice. I just figured it'd be nice if he unwrapped it after the traditional lobster and steak dinner.

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[Mark W.]

Its legal to buy a gift and since the gift receiver is one of those relatives you do not need a background check to transfer to all you need to do is hand it to him.

 

[etrain16]

One thing to watch out for - on the 4473, question 11a, some folks get a bit confused and may end up getting in some trouble. As Mark said above, you can gift a gun to a close family member, no BGC or transfer required, but when you fill out your 4473, you need to answer "Yes" on question 11a - because you are buying the gun for yourself, not for someone else. The point of the question is to avoid a 'straw purchase' scenario. The language on the form could confuse someone who is buying with the intention of giving it as a gift. Keep it simple - when you buy the gun, just remember you are buying it for yourself, period. Then, once you get it home, if you intend to give it as a gift to a close family member, you are legally allowed to do so. Avoid getting in any conversation about buying a gift for someone else as some FFL's may back away from the sale for fear that you're attempting a straw purchase. Just something to watch out for as it's been a problem some other folks have noted they've run into.

 

[WALawyer]

I am not licensed to practice in Oregon, but I believe based on the plain language of the controlling statute that the above two answers are incorrect. A father-in-law does not appear to be in the definition of family member exempt from background checks. ORS 166.435(4)(c) spells out the exempted family members and does not include in-laws. I am open to correction.

 

[etrain16]

I am not licensed to practice in Oregon, but I believe based on the plain language of the controlling statute that the above two answers are incorrect. A father-in-law does not appear to be in the definition of family member exempt from background checks. ORS 166.435(4)(c) spells out the exempted family members and does not include in-laws. I am open to correction.

You may be correct there, I don't see in-laws listed among those excluded from the transfer requirement. That said, I think there is an easy solution. Gift the gun to your spouse. Then your spouse can gift the gun to her father. From what I read, that would be perfectly legal, and from what I know (I am obviously no lawyer), there is no definition of the length of time someone must be in possession/ownership of the gun before they can transfer to someone else.

Does that sound like a lawful way to meet the intent of the law without setting yourself up for a problem?

 

[WasrNwarpaint]

thats a straw purchase & not legal .....inlaws not allowed...you cant even share your gun with an inlaw unless at a designated range

I had an issue with this when they were trying to pass the new background check laws and I had this very question in every email to our reps, they all lied to me telling me inlaws were included in family

we live on the same property but yet I would have to buy another separate gun just to protect the family livestock despite we have one gun already to protect the livestock.
I cant share the same family gun with my brother in law after 20 years..we are not at a designated gun range so we cant share...so the law says....so I built a designated gun range....come get me..I will let them look like the fools they are should they ever choose to drag me thru the courts over this

edit: disclosure.... I also am not an attorney

 

[Slobray]

You may be correct there, I don't see in-laws listed among those excluded from the transfer requirement. That said, I think there is an easy solution. Gift the gun to your spouse. Then your spouse can gift the gun to her father. From what I read, that would be perfectly legal, and from what I know (I am obviously no lawyer), there is no definition of the length of time someone must be in possession/ownership of the gun before they can transfer to someone else.

Does that sound like a lawful way to meet the intent of the law without setting yourself up for a problem?

An even easier way would be to have your wife buy the gun and give it to her father, which meets the asinine transfer requirements. You just sign the card and she says "this is from us". Problem solved.

By the way, I, like a few of the posters above, am not a lawyer/attorney.
(Edited misspelled word)

Ray

 

[Certaindeaf]

Look at the bright side. it could be worse



lol

 

[etrain16]

thats a straw purchase & not legal .....inlaws not allowed...you cant even share your gun with an inlaw unless at a designated range

I had an issue with this when they were trying to pass the new background check laws and I had this very question in every email to our reps, they all lied to me telling me inlaws were included in family

we live on the same property but yet I would have to buy another separate gun just to protect the family livestock despite we have one gun already to protect the livestock.
I cant share the same family gun with my brother in law after 20 years..we are not at a designated gun range so we cant share...so the law says....so I built a designated gun range....come get me..I will let them look like the fools they are should they ever choose to drag me thru the courts over this

edit: disclosure.... I also am not an attorney

Isn't it all about intent though? If you want to give a gun as a gift to a family member, you are legally allowed to do so, so long as it's a relative that's allowed to receive such a gift based on the law. In-laws, it would seem, are not on that list. But your spouse is, and with a gun in her possession, she can gift that legally to her father.

The question of a straw purchase comes down to intent too - are you buying a gun for someone else because you know they can't legally buy it for themselves? Going back to what I said above, the best thing to do is buy the gun for yourself (or as Slobray noted, have your wife by the gun for herself). Once you own that gun, you have a right to gift it to someone else, legally, so long as they're on that list, no BGC or transfer required. You avoid the 'straw purchase' concern and you avoid the SB941 tax. Buy the gun, for yourself. Gift it to your wife. Then she can gift it to her father. All completely legal.

It's all BS anyway. In the end, there is a completely legal way to do this, without an additional transfer (save for the original purchase), so long as the law is followed.

Good grief, it really shouldn't have to be this hard.

As for you not being able to share your gun with your in-law, complete BS too. But as we've seen, to date, Oregon has yet to go after anyone under SB941, almost 2 years later, even a high-profile violation by that pastor. Just more attempts to control the populace by jackazz legislators, who know most folks will follow the law, even if they don't like it, so they don't really have to worry much about enforcing it.

I will also state that I am open to any correction if anything I've said is incorrect. Not an attorney, but have seen several episodes of Perry Mason

 

[rick benjamin]

Didn't you gift that gift back in 2014?

 

[Stomper]

Didn't you gift that gift back in 2014?

Tangled re-gifting web we weave, yeah?

 

[rick benjamin]

Tangled re-gifting web we weave, yeah?

That's a definate maybe

 

[Flymph]

Yeah, I'm just going to have him go in and get it... That way I'll be sure he likes it anyway. LoL

 

[EPS]

I am not licensed to practice in Oregon, but I believe based on the plain language of the controlling statute that the above two answers are incorrect. A father-in-law does not appear to be in the definition of family member exempt from background checks. ORS 166.435(4)(c) spells out the exempted family members and does not include in-laws. I am open to correction.

I think you're right it depends on the state I believe in WA it would be considered a straw purchase

 

[EPS]

Isn't it all about intent though? If you want to give a gun as a gift to a family member, you are legally allowed to do so, so long as it's a relative that's allowed to receive such a gift based on the law. In-laws, it would seem, are not on that list. But your spouse is, and with a gun in her possession, she can gift that legally to her father.

The question of a straw purchase comes down to intent too - are you buying a gun for someone else because you know they can't legally buy it for themselves? Going back to what I said above, the best thing to do is buy the gun for yourself (or as Slobray noted, have your wife by the gun for herself). Once you own that gun, you have a right to gift it to someone else, legally, so long as they're on that list, no BGC or transfer required. You avoid the 'straw purchase' concern and you avoid the SB941 tax. Buy the gun, for yourself. Gift it to your wife. Then she can gift it to her father. All completely legal.

It's all BS anyway. In the end, there is a completely legal way to do this, without an additional transfer (save for the original purchase), so long as the law is followed.

Good grief, it really shouldn't have to be this hard.

As for you not being able to share your gun with your in-law, complete BS too. But as we've seen, to date, Oregon has yet to go after anyone under SB941, almost 2 years later, even a high-profile violation by that pastor. Just more attempts to control the populace by jackazz legislators, who know most folks will follow the law, even if they don't like it, so they don't really have to worry much about enforcing it.

I will also state that I am open to any correction if anything I've said is incorrect. Not an attorney, but have seen several episodes of Perry Mason

Ever since WA passed the law they have only prosecuted one person in Spokane

 

[Mark W.]

One thing to watch out for - on the 4473, question 11a, some folks get a bit confused and may end up getting in some trouble. As Mark said above, you can gift a gun to a close family member, no BGC or transfer required, but when you fill out your 4473, you need to answer "Yes" on question 11a - because you are buying the gun for yourself, not for someone else. The point of the question is to avoid a 'straw purchase' scenario. The language on the form could confuse someone who is buying with the intention of giving it as a gift. Keep it simple - when you buy the gun, just remember you are buying it for yourself, period. Then, once you get it home, if you intend to give it as a gift to a close family member, you are legally allowed to do so. Avoid getting in any conversation about buying a gift for someone else as some FFL's may back away from the sale for fear that you're attempting a straw purchase. Just something to watch out for as it's been a problem some other folks have noted they've run into.

View attachment 359474

Excellent point I should have mentioned that. I have bought Gifts for my son and as it was my money buying the firearm I was careful to note I was buying the gun for myself.

 

[EPS]

Its legal to buy a gift and since the gift receiver is one of those relatives you do not need a background check to transfer to all you need to do is hand it to him.

Wrong husband can buy for his wife . Wife can buy for husband.DAD can buy for his son or daughter so on and so on but son-in-law buying for father in-laws in WASHINGTON is a STRAW PURCHASE I was told by the guy at the gun store that I had to have my sister come in and do a background check for the AR I built for her Xmas present MY BLOOD SISTER SAME MOM SAME DAD SAME SAME CAN'T GIVE HER A GUN

 

[Mark W.]

OP is in Oregon not Washington

 

[EPS]

OP is in Oregon not Washington

I know but just saying and I think Oregon is trying to pass the same law that we did and a few other states but WA we are trying to repel the law but as long as that F#$%&+? Idiot Inslee is the gov we are F#@!$%&

 

[EPS]

I guess what I'm trying to say is check your States law's they change every day LOL WELCOME TO THE LIBERAL PACIFIC NORTH WEST