under 21 with a handgun

[VWguy69]

is it legal to sell (or trade) someone a handgun that is over 18 and under 21? The person I'm talking about is offering another handgun in trade.

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[motoman98]

Yes; private party ftf, both residents of OR (for example) and not a felon.

 

[sinco54]

Law states that you have to be 21 to purchase a handgun. 18 to posses/own one.. so If you read it how its written, yes, its illegal. not much of a grey area if ya ask me.

 

[eriknemily]

In the eyes of the law is a 'trade' considered a form of 'purchase'? In my opinion it wouldn't be but I'm not the law. I just suffer from the law

 

[finch6013]

I think the law says that you must be 21 to buy from an ffl. I got into this once when I was younger.

 

[NK777]

I would recomend that you waited a couple years before engaging in any transaction with a person under 21. I can see both sides of it but if your wrong you broke the law and could be brought up on charges.

 

[VinnieBoomBah]

Law states that you have to be 21 to purchase a handgun. 18 to posses/own one.. so If you read it how its written, yes, its illegal. not much of a grey area if ya ask me.

Oh, does it now? Can you show me were it states that?

 

[chris61182]

This is the best thread I've seen on the issue...

http://www.northwestfirearms.com/forum/showthread.php?t=11086

The general consensus is that yes, private sale to an 18-20yr old is legal.

 

[eriknemily]

This is the best thread I've seen on the issue...

http://www.northwestfirearms.com/forum/showthread.php?t=11086

The general consensus is that yes, private sale to an 18-20yr old is legal.

I wouldn't bet my freedom on a 'general consensus'. I just don't look good in stripes

 

[.45's and .38's]

It is legal. You just can't buy from a FFL until 21. You can

trade
gift
sell.

1 Last time. Not from a FFL until 21.

I can trade rifle for handgun.
handgun for handgun
get gifted
Ask to legally buy your's for cash at 18.
Ive done all those deals except buy for cash.
If it wasnt legal I wouldn't dare own them. Ive done my homework many times.

There is a lot of people that know this law.

Sheriff
other members
OFF for example...........Instead of asking the forum's even though they have great info. They's guy's know their bubblegum. LOL

 

[Cougfan2]

I wouldn't bet my freedom on a 'general consensus'. I just don't look good in stripes

Yes, but those orange jump suits are quite fetching.

 

[.45's and .38's]

You can privately buy a handgun at the minimum age of 18. Ive done deal's with member's on here that have huge trade ratings. They have over 500 posts. These guys wouldn't risk their freedom over a firearm. Neither would I.

 

[PhysicsGuy]

This is why its good practice to learn to navigate legal libraries.

Here is the relevant ORS;

166.470 Limitations and conditions for sales of firearms. (1) Unless relief has been granted under ORS 166.274, 18 U.S.C. 925(c) or the expunction laws of this state or an equivalent law of another jurisdiction, a person may not intentionally sell, deliver or otherwise transfer any firearm when the transferor knows or reasonably should know that the recipient:

(a) Is under 18 years of age;

(b) Has been convicted of a felony or found guilty, except for insanity under ORS 161.295, of a felony;

(c) Has any outstanding felony warrants for arrest;

(d) Is free on any form of pretrial release for a felony;

(e) Was committed to the Department of Human Services under ORS 426.130;

(f) After January 1, 1990, was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or

(g) Has been convicted of a misdemeanor involving violence or found guilty, except for insanity under ORS 161.295, of a misdemeanor involving violence within the previous four years. As used in this paragraph, "misdemeanor involving violence" means a misdemeanor described in ORS 163.160, 163.187, 163.190, 163.195 or 166.155 (1)(b).

(2) A person may not sell, deliver or otherwise transfer any firearm that the person knows or reasonably should know is stolen.

(3) Subsection (1)(a) of this section does not prohibit:

(a) The parent or guardian, or another person with the consent of the parent or guardian, of a minor from transferring to the minor a firearm, other than a handgun; or

(b) The temporary transfer of any firearm to a minor for hunting, target practice or any other lawful purpose.

(4) Violation of this section is a Class A misdemeanor. [Amended by 1989 c.839 §3; 1991 c.67 §40; 1993 c.735 §11; 2001 c.828 §2; 2003 c.577 §7]

and the relevant federal regulation;

VII. SELL, DELIVER OR TRANSFER TO JUVENILE
18 U.S.C. § 922(b)(1) prohibits a Federal firearms licensee from selling or
delivering a firearm or ammunition to a person under 18, and prohibits selling
or delivering a firearm other than a shotgun or rifle, or ammunition other than
for a shotgun or rifle, to any person under 21. Punishable by up to 5 years.
18 U.S.C. § 922(x) makes it unlawful, with exceptions, to sell, deliver or
transfer a handgun, or ammunition suitable for handguns only, to a juvenile
(person less than 18 years of age). Punishable by up to 1 year imprisonment.

Both of these define an illegal transfer of a handgun as being to someone under 18, not 21

--Please note that 18 U.S.C. § 922(b)(1) applies to dealers only

 

[.45's and .38's]

Exactly. 18 is the MINIMUM age to own a handgun.

Thanks physics for the ORS. Good info to learn. I say make this a sticky. With the definate answer being YES IT IS LEGAL.

 

[PhysicsGuy]

Exactly. 18 is the MINIMUM age to own a handgun.

Correct, but the OP was asking about selling a firearm to a minor, not a minor buying one.

I think the OP was just checking to make sure that there wasn't some backwards law that prohibited it.

 

[bearingman]

I think if everyone had read the original post, this whole thread would have only been 2 posts. He only asked if he could trade a handgun (sell) for a rifle(buy). Seems this would be legal -- private or FFL.

 

[spider]

yeh my dad gave me his .380 colt when I was 18, It would be totally lame if it was illegal

 

[sinco54]

--Please note that 18 U.S.C. § 922(b)(1) applies to dealers only[/QUOTE]

Am I reading the federal one wrong then? cause the way Im reading it its sayin under 21, no hand gun. shot gun/riflr or ammo ok..

" and prohibits selling
or delivering a firearm other than a shotgun or rifle, or ammunition other than
for a shotgun or rifle, to any person under 21"

 

[jordanka16]

you have to read the ORS legislation, those are the ones that apply in the state of oregon https://www.oregonlegislature.gov/bills_laws/ors/ors166.html

 

[sinco54]

Ive read it a thousand times..

Federal law:: Under 18, transfer NO firearm.// the NO here stands for all guns

Under 21:: Transfer NO firearm EXCEPT rifle or shot gun or ammo for rifle or shotgun. // the "NO" Here stands for hand guns

My grey area here is does this apply for FFL and Private or just FFL??