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Question on legality of possession of handgun by 18-20 year old

Discussion in 'General Firearm Discussion' started by Liberty97045, Jul 26, 2013.

  1. Liberty97045

    Liberty97045 Oregon City Well-Known Member

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    OK all you legal beagles, I have a situation I want advice on.

    My daughter is 20 years old and will be 21 in a couple of months. I have a handgun in the safe that is designated as hers.

    Is it legal for me to give it to her before she turns 21?

    Can I transfer it to her while she is staying in Oregon even though her legal residence is in another state?

    I read ORS 166.250 and possession seems to be legal at least as far as this statute goes though I've not found anything about the transfer question.

    I am not an FFL.

    If you respond, it would be helpful if you would reference the statute you are basing your opinion on.

    Thanks in advance
     
  2. .45's and .38's

    .45's and .38's Happy Valley OR Well-Known Member

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    Only 21 is required for a ffl Sale. Buy.sell.trade. all legal if buying private or getting gifted before 21. Same for ammo.
     
  3. .45's and .38's

    .45's and .38's Happy Valley OR Well-Known Member

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    Check some of my older posts for similar threads started


    Edit. Didn't see across state lines sorry.
     
  4. JSJPDX

    JSJPDX East Portland Gold Supporter Gold Supporter

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    Look up the thread on Legal Questions and Answers. There are a number of statutes quoted there and as I read them you can not legally transfer a firearm to your daughter without the use of an FFL if she is a legal resident of another state unless you are dead and leave it to her in your will and you don't sound very dead. The other part of your question, since you have to transfer using an FFL since it is across state lines she will need to be 21.
     
    Blaylocke and (deleted member) like this.
  5. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    Legal, as a gift. Especially from a father to a daughter!
    Kudos on being a fantastic father. I wish more would arm their daughters or at least teach them how to properly defend themselves.
     
    orygun, Dyjital, Focer and 3 others like this.
  6. JSJPDX

    JSJPDX East Portland Gold Supporter Gold Supporter

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    I think the key here is that the daughter lives out of state and dad "has reasonable cause to belive she does not live in this state". In the case of the law stated below it seems pretty clear that it is making a distinction between a "gift" (you're alive and require an FFL) and a "bequest" (you're dead and do not require an FFL).

    Title 27, #167; 178.30 Out-of-State disposition of firearms by nonlicensees.

    No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:
    (a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and
    (b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

    [T.D. ATF–313, 56 FR 32508, July 17, 1991; 57 FR 1205, Jan. 10, 1992]

    This has been covered before, refer to 'Firearms Las and Questions" thread.
     
  7. Certaindeaf

    Certaindeaf SE Portland Well-Known Member

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    Cant you say you "gave" it to her years ago (which may well be the case) when she lived at home (if that's the case) and she's now just picking up her property now that she's (going to be) 21?
     
  8. Liberty97045

    Liberty97045 Oregon City Well-Known Member

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    image.jpg

    Sig 238 Zombie

    image.jpg
     
  9. Liberty97045

    Liberty97045 Oregon City Well-Known Member

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    Not comfortable with that stretch. I looks like a loan is allowed though. Opinion?
     
    Blaylocke and (deleted member) like this.
  10. Liberty97045

    Liberty97045 Oregon City Well-Known Member

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    I think I will make her wait for an FFL transfer.
     
  11. JSJPDX

    JSJPDX East Portland Gold Supporter Gold Supporter

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    An accessory every well dressed woman needs!

     
  12. Blaylocke

    Blaylocke Lewis County Active Member

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    Yeah, an FFL is not likely to give her the firearm unless she is 21. The only way to have gotten around this is if she lived in your state, and you gave it to her after her 18th birthday.
     
  13. rick benjamin

    rick benjamin USA, Or, Damascus Secure the drama Silver Supporter 2016 Volunteer

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    How about her resident state?
    Does she have to register, qualify to own a gun?
    I also log in at northeastshooters.com and am concerned for the east coast states.
    In the meantime, you might like to buy her a Remora IWB holster.
     
  14. Liberty97045

    Liberty97045 Oregon City Well-Known Member

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    Hawaii
     
  15. biggie24420

    biggie24420 Beaverton Oregon Well-Known Member

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    Cross your T s and dot your I s. Wait till she is 21 and go the FFL route. You don't wanna screw things up for her and or yourself. Specially since you are on here, there are badges in here and you don't wanna give anyone a reason to...... Well you catch my drift ;-)
     
  16. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    Specifically since she is a resident of our wonderful 50th state, the transfer MUST TAKE PLACE IN HAWAII. She must take possession of the pistol in her state of residency, not here. While she's at it she can register it with the local police over there....
     
  17. PMB

    PMB Vancouver, Washington Active Member

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    I am free because I know that I alone am morally responsible for everything I do. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.
    Robert A. Heinlein


    We (in general as a nation) have become subjects...
    We do what is legal, not necessarily what is RIGHT.

    Please brethren, fight to have these foolish and wrong laws CHANGED.

    What a damned shame that good people have to twist and turn to stay within the law.