Oregon Question about transfer to family members. (OREGON)

[dead]

Howdy y'all!

I have a random question regarding Transfers to family members.

A few months ago my younger brother was feeling uneasy with owning a handgun after having dealt with a lot of chaotic life events, so he gave our mother his handgun. Our mother didn't want the gun in her house, so she gave it to me. Well it's been a few months now and my brother is asking for his firearm back. Am I legally obligated to return his firearm after his was feeling uneasy with himself being an owner? Because Oregon has these cool family transfer rules, am I now the legal owner? What would happen if he tried to get Johnny Law involved? We do not have a paper trail for the firearm being transfers from person to person to person.

I told him I'd return the firearm after he took a handgun safety course, but he didn't really like that idea. That was mostly just a deterrent while I figure out the legality of this situation. I don't really talk with my family all that much, I tell them to keep me out of their BS. So I don't really know how he is doing mentally.

Or if anybody knows what or who would be the best resource for finding an accurate answer.

Thank you for your time.

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[gtivan]

Ask a lawyer.

 

[GrayGoose]

See:

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…

www.oregonlaws.org

 

[BillyJean]

Howdy y'all!

I have a random question regarding Transfers to family members.

A few months ago my younger brother was feeling uneasy with owning a handgun after having dealt with a lot of chaotic life events, so he gave our mother his handgun. Our mother didn't want the gun in her house, so she gave it to me. Well it's been a few months now and my brother is asking for his firearm back. Am I legally obligated to return his firearm after his was feeling uneasy with himself being an owner? Because Oregon has these cool family transfer rules, am I now the legal owner? What would happen if he tried to get Johnny Law involved? We do not have a paper trail for the firearm being transfers from person to person to person.

I told him I'd return the firearm after he took a handgun safety course, but he didn't really like that idea. That was mostly just a deterrent while I figure out the legality of this situation. I don't really talk with my family all that much, I tell them to keep me out of their BS. So I don't really know how he is doing mentally.

Or if anybody knows what or who would be the best resource for finding an accurate answer.

Thank you for your time.

Asking a family member to hold your gun while you're going through a rough patch is the peak of responsible gun ownership. (This behavior should also be celebrated because it's a more reasonable alternative to Red Flag laws.)

In my opinion (and quite probably the opinion of the law if it came to it) you have absolutely no right to keep his gun from him. He did not gift the gun to you, it sounds like he gave it to a trusted family member to hang on to it. (But maybe I'm not understanding?)

With respect, your mother should not have passed the gun on to you. She should have either accepted the gun and held it for your brother, or told him she could not accept it and recommended you or someone else hold it.

We don't know all the ins and outs, but based on what you've said, it sounds like your brother knew not to come to you to hold his gun during a rough patch because you are not trustworthy in his eyes. If you're now holding his gun from him and placing conditions on his getting his own property back, it sounds like he was justified in that feeling.

 

[aksu747]

With respect, your mother should not have passed the gun on to you. She should have either accepted the gun and held it for your brother, or told him she could not accept it and recommended you or someone else hold it.

This 100%, you brother didn't give you the gun to keep or it would have been a gift.
It was not a gift from him to you so give him back his property that he rightly owns.
Seriously I'd be really pissed off if a sibling or any other family member was holding me back from MY OWN property that I BOUGHT WITH MY HARD EARNED MONEY!

Honestly makes me a little angry even reading about it, because a few years back after my father passed I was living at a family friends house for a few months and HE PUT MY GUNS IN HIS SAFE WITHOUT MY PERMISSION, and WAS NOT LETTING ME HAVE ACCESS TO MY PROPERTY. I LEFT THE NEXT DAY AND HAVE NEVER SPOKEN TO THOSE PEOPLE EVER AGAIN AND DON'T PLAN TO IN THE FUTURE.

 

[spookshack]

I got no dog in this fight, but the owner of the gun should have never gave his gun to his mother to begin with. The mother should have never gave it to the other brother. The other brother should have not received it from the mother.

Sounds like the gun should returned to the mother who then can returned to the owner.

Also, never share this type of thing on a open forum. If it was me, I'd delete this thread ASAP. My worthless .02

 

[Kruel J]

Why? No laws were broken here. Immediate family can gift or transfer firearms amongst themselves and be completely legal.

 

[Kruel J]

Transfers between family with no FFL are allowed for:

Source: https://ogo.org/resources/oregon-gun-laws/

• Your spouse or domestic partner
• Your parent or stepparent
• Your child or stepchild
• Your sibling
• Your grandparent
• Your grandchild
• Your aunt or uncle
• Your first cousin
• Your niece or nephew
• Or the spouse or domestic partner of a person listed above

 

[spookshack]

Legal indeed. I was merely pointing out that if I was in the OP's position, I'd not put out my personal business on the internet for all to see. YMMV