Oregon Question about gifting firearms

[jp1985]

Hello all I was wondering if it was legal to give a gift to a brother and a father of a handgun for Christmas.

Thanks

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[GrayGoose]

Read this:

ORS 166.435 – Firearm transfers by unlicensed persons

As used in this section, (a) “Transfer” means the delivery of a firearm from a transferor to a transferee, including, but not…

oregon.public.law

Your particular question would be answered in subsection (4)(c)

 

[Alexx1401]

Hello all I was wondering if it was legal to give a gift to a brother and a father of a handgun for Christmas.

Thanks

Yes, but, may want to think about this. Assuming you bought said gun from a dealer its papered to you. You can legally give it to the people you mention but, if it were to get stolen from them? Later used in a crime? They are going to come to you. Now how well do you trust the people you want to give that gun too? If they do something "stupid" like leave it in a vehicle and it gets used in a crime? Now lawyers are going to come looking for money. So make sure you really want that gun in your name after you pass it off to others. Can your brother and father legally own a gun? May be far better to take them to a shop and let them get the gun in their name and you pay.

 

[jp1985]

Yes, but, may want to think about this. Assuming you bought said gun from a dealer its papered to you. You can legally give it to the people you mention but, if it were to get stolen from them? Later used in a crime? They are going to come to you. Now how well do you trust the people you want to give that gun too? If they do something "stupid" like leave it in a vehicle and it gets used in a crime? Now lawyers are going to come looking for money. So make sure you really want that gun in your name after you pass it off to others. Can your brother and father legally own a gun? May be far better to take them to a shop and let them get the gun in their name and you pay.

Yeah this is exactly what I was thinking to lol I may just make them go out and put it in their names bc I don't want to be liable for anything.

 

[GrayGoose]

May be far better to take them to a shop and let them get the gun in their name and you pay.

That could be considered a straw purchase. No respectful dealer would allow that.

 

[saxon]

That could be considered a straw purchase. No respectful dealer would allow that.

i am sure he meant pay for the BGC for the gun he is giving them..... not a straw purchase

 

[jp1985]

Yeah I don't do straw purchases.

 

[Yarome]

Yeah this is exactly what I was thinking to lol I may just make them go out and put it in their names bc I don't want to be liable for anything.

IMHO, if I had any concerns about a family member using a firearm irresponsibly then I really have no business gifting them a firearm in the first place.

I wouldn't be in the least concerned about liability in a family transfer. Worst case, your sworn statement to a court of law that it was gifted and was no longer under your control is legal evidence... and it's more than likely there would be a witnesses to that fact, right?

It wasn't too long ago that stranger 2 stranger (P2P) firearm transfers where perfectly legal in OR. I'm not aware of any original owner that was ever held liable for the later actions of others. Possibly for transferring a firearm to a prohibited person, but so long as you have no reasonable suspicion that one of those family members is a prohibited person, I don't see any rational liability concerns.

Forcing them to perform a BGC and putting their name on a registry to accept a gift "you" decided to give them seems a bit unreasonable. I'm sure some folks wouldn't have a problem with it, but me personally... I would tell you, "Thank you, but no thank you. Keep it!"

Some folks are into prenups and having a family member sign a loan agreement when they ask for money... so to each their own... but if I was so inclined to protect myself from my own brother and/or father... I would at most simply have them sign a "gift receipt". Not unlike having a purchaser sign a "bill of sale" in a formerly legal P2P sale of a firearm transaction to a stranger. Just a simple statement on paper, "I, [your name] gifted this [whatever firearm] to my father/brother [their name] on [enter date]."... and have them sign it.

Heck... maybe they want a copy to protect themselves from you! All they have is your word that you purchased it legally, right!? What if you stole it, bought it illegally or it has a crime on it that could come back and bite them in the A^^ if it was ever discovered in their possession??? They might need to prove it wasn't them that stole the crime gun, right!!

YMMV

 

[Alexx1401]

That could be considered a straw purchase. No respectful dealer would allow that.

ANY real FFL will have no problem with it as long as its clear whats going on. Now if you walk in there acting all nervous and and making them think something is wrong? They will have a problem. You have really never seen someone buying a gun for another person?
Very sheltered life

 

[Alexx1401]

Yeah this is exactly what I was thinking to lol I may just make them go out and put it in their names bc I don't want to be liable for anything.

In the past I have given and received more guns than I can even remember now. Sadly we now live in a "new world" created by lawyers. For the cost of the transfer? If I ever give any of my kids another gun of mine I will make it theirs as part of the gift. Many keep their head firmly in the sand preferring to pretend just how bad things have gotten now is not real. That works fine until the real world comes in and they are deer in the headlights
To me that few bucks is well worth knowing that decades from now I will not have to deal with some bottom feeder because a gun I used to own turned up at some crime.

 

[PiratePast40]

It saddens me to see how much fear and distrust some have invited into our lives, even when it comes to their own loved ones.

 

[Alexx1401]

It saddens me to see how much fear and distrust some have invited into our lives, even when it comes to their own loved ones.

Can't speak for others but I have no fear or distrust of my kids who I have given guns too in the past. I do have a healthy fear of bottom feeders any more due to living in the real world. Now days? If I was to give one of my guns to one of the kids I would also transfer it. Many pretend the world is not what it is now and that works fine till reality comes home one day and they are forced to see it. Sadly this world is nothing like the one I grew up in but, it is the world I now have to live in.

 

[orygun]

That could be considered a straw purchase. No respectful dealer would allow that.

Nope. It's not.
I purchased, with my own money, a Henry 22 lever action for Mom. Everyone at the gun counter knew and thought it was cool. She'd never shot and I was buying this gun for her 72nd birthday. It was purchased as a gift.
Now, if I had a sleazeball neighbor who couldn't legally buy his own Henry, gave me his money to go purchase it for him, THAT would be a straw purchase. (or if I knew he was a loser, bought it myself and sold it to him, THAT would be a straw, too)
Mom's gun was the second one out of 6 or 7 that I have purchased as gifts for my family. Dad, Mom, my wife, daughter and nephews have all benefitted from my generosity.

The 4473 asks if you are the actual purchaser of the firearm. I'm always the purchaser of gifts that I give, whether it's a gun, car, motorcycle or toy. (I've purchased all of those as gifts)

 

[TTSX]

Paranoia, paranoia, everybody's coming to get you ...

Just give them the gifts and document it if you feel the need.

Or buy them a gift card in the amount you were looking to spend to the store you wanted to buy from and let them go pick out their new toy in their name. Honestly, this is a lot of hullabaloo where no legal need for hullabaloo exists

 

[arakboss]

Hello all I was wondering if it was legal to give a gift to a brother and a father of a handgun for Christmas.

Thanks

Yes, assuming you are not aware of either being a prohibited person and you all reside in Oregon.

 

[Alexx1401]

Paranoia, paranoia, everybody's coming to get you ...

Just give them the gifts and document it if you feel the need.

Or buy them a gift card in the amount you were looking to spend to the store you wanted to buy from and let them go pick out their new toy in their name. Honestly, this is a lot of hullabaloo where no legal need for hullabaloo exists

I wish it was that easy and pretending it is works fine, until it does not. When some gun turns up at a crime if its in your name they will come to you. If you gave it to someone legally you are good there but, bottom feeders do exist. Pretending they do not is great. Sadly the legal system here is a mess and pretending it does not exist is fine. That is until you need a lawyer and find out they are not free.

 

[TTSX]

I wish it was that easy and pretending it is works fine, until it does not. When some gun turns up at a crime if its in your name they will come to you. If you gave it to someone legally you are good there but, bottom feeders do exist. Pretending they do not is great. Sadly the legal system here is a mess and pretending it does not exist is fine. That is until you need a lawyer and find out they are not free.

Sigh. Ok.

 

[orygun]

"In my name"? My guns are not registered. Many, if not most came from private party sales where there is no record of anything.
But some of the ones I mentioned previously were purchased new, or from a dealer with the intent of gifting.
Also, know who you're gifting it to.