Owning a handgun

Kev1432 · 07-25-2011, 12:45 PM

I live in Oregon, age 19 and I'm wanting to get a pistol. Obviously I'm not old enough to buy one but my question is, Would my dad be able to buy it for me and then I own it or is that not allowed? If it is, then could I go out and shoot it or would I need to have someone 21 or older with me? Any help would be great, Thanks!
-Kevin

deloscielos · 07-25-2011, 01:24 PM

See Oregon Revised Statutes
http://www.leg.state.or.us/ors/166.html
166.250 Unlawful possession of firearms
166.470 Limitations and conditions for sales of firearms

A lot of legal jargon, but I'm not sure I see anything that says you can't actually own a handgun transferred by your parent or guardian.

It explicitly states, however, that if you were younger than 18 that your parents would be able to transfer to you ownership of a gun other than a handgun.

So perhaps since it isn't stated, it isn't prohibited.
Can anybody else clarify?

JayD1981 · 07-25-2011, 03:35 PM

The way our legal system works, if you are not prohibited from owning an item or participating in an activity, it is legal by default. Federal law does not prohibit ownership of a pistol by someone 18 - 20, but you cannot buy it from an FFL dealer. I do not know if OR prohibits ownership of a pistol by someone 18 - 20. But if it is not prohibited you can purchase one through a private sale or recieve one as a gift from someone else. Also keep in mind you must be 21 to purchase handgun ammo though.

bigggbbruce · 07-25-2011, 03:42 PM

Buying one from a private party.. the seller has the option to do the background check.. most don't...if they request it no go on the sale...

Ammo.. yes they do check if you look under 21.. WalMart has a screen that pops up to verify before continuing...

chameleon · 07-25-2011, 05:13 PM

It would be safest for your dad to buy a handgun to gift to you when you turn 21. You could take it out shooting beforehand but it might be the best idea to have your dad with you when you go out shooting.

JayD1981 · 07-25-2011, 09:59 PM

Quote:

Originally Posted by chameleon

It would be safest for your dad to buy a handgun to gift to you when you turn 21. You could take it out shooting beforehand but it might be the best idea to have your dad with you when you go out shooting.

I browsed through ORS 166 which seems to be the relevant section pertaining to ownership and transer of firearms, the age 21 is not even mentioned. If your going to tell him the "best idea" you might want to have atleast a little fact to back it up. If there is a law that does not allow a 19 yr old to own a pistol, by all means post it up, otherwise the OP if legally intitled to own one as long as he does not aquire it illegally.

Disclaimer: I am not a lawyer, and am not giving legal advise. Please verify for yourself anything I claim. While I am not a lawyer, I did stay at a Holiday Inn once.

chameleon · 07-25-2011, 11:22 PM

yeah... forgive me earlier post (never post while distracted with kids lol). I just rechecked and the law in Oregon states that you can own a hand gun if you are 18 or older but cannot buy from an FFL until the age of 21. Here is an excerp from the oregon firearms federation in answer to a question about buying a gun while under the age of 21:

"It is legal to own a handgun if you are younger than 21(but "over 18"). The prohibition is against purchase, not possession.(FFL holders may not sell handguns or handgun ammo to persons under 21)
As for "registration" understand that when a firearm is purchased FROM A FEDERALLY LICENSED DEALER, there is a de facto registration thanks to the "background check."
However, this does NOT apply to firearms obtained through transfers from private parties. So, if the gun in question was obtained through a private transfer that took place outside of a legally defined "gun show" there is no registration of any kind."

JayD1981 · 07-25-2011, 11:33 PM

No problem, I just have a pet peeve about people claiming what a law says or what you can or cannot do without anything to back it up. I have found police and forums to be the least reliable sources of so called laws.

Kev1432 · 07-26-2011, 08:57 AM

Okay, thanks guys. That helped a lot.
I seemed to have trouble finding the definitive answer to this earlier because there were some mixed opinions elsewhere online.

DerBarbarian · 08-02-2011, 04:02 PM

Quote:

Originally Posted by JayD1981

The way our legal system works, if you are not prohibited from owning an item or participating in an activity, it is legal by default. Federal law does not prohibit ownership of a pistol by someone 18 - 20, but you cannot buy it from an FFL dealer. I do not know if OR prohibits ownership of a pistol by someone 18 - 20. But if it is not prohibited you can purchase one through a private sale or recieve one as a gift from someone else. Also keep in mind you must be 21 to purchase handgun ammo though.

A bit late sorry but a big

I got 3 handguns before I was 21, I got mine via private sales from mostly friends that were upgrading but I think there's still the loop hole at gun shows some sellers may give it others may not

07-25-2011, 12:45 PM	#1
Kev1432 Newbie Joined: Jul 2011 From: Oregon Posts: 2	Owning a handgun I live in Oregon, age 19 and I'm wanting to get a pistol. Obviously I'm not old enough to buy one but my question is, Would my dad be able to buy it for me and then I own it or is that not allowed? If it is, then could I go out and shoot it or would I need to have someone 21 or older with me? Any help would be great, Thanks! -Kevin

07-25-2011, 03:42 PM	#4
bigggbbruce Rifleman Joined: Apr 2011 From: Oregon Posts: 135	Buying one from a private party.. the seller has the option to do the background check.. most don't...if they request it no go on the sale... Ammo.. yes they do check if you look under 21.. WalMart has a screen that pops up to verify before continuing... Last edited by bigggbbruce; 07-25-2011 at 03:45 PM.

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07-25-2011, 01:24 PM	#2
deloscielos Gunslinger Joined: Jul 2011 From: La Center, WA Posts: 40	See Oregon Revised Statutes http://www.leg.state.or.us/ors/166.html 166.250 Unlawful possession of firearms 166.470 Limitations and conditions for sales of firearms A lot of legal jargon, but I'm not sure I see anything that says you can't actually own a handgun transferred by your parent or guardian. It explicitly states, however, that if you were younger than 18 that your parents would be able to transfer to you ownership of a gun other than a handgun. So perhaps since it isn't stated, it isn't prohibited. Can anybody else clarify?

07-25-2011, 03:35 PM	#3
JayD1981 Rifleman Joined: Jan 2009 From: Richland, WA Posts: 150	The way our legal system works, if you are not prohibited from owning an item or participating in an activity, it is legal by default. Federal law does not prohibit ownership of a pistol by someone 18 - 20, but you cannot buy it from an FFL dealer. I do not know if OR prohibits ownership of a pistol by someone 18 - 20. But if it is not prohibited you can purchase one through a private sale or recieve one as a gift from someone else. Also keep in mind you must be 21 to purchase handgun ammo though.

07-25-2011, 05:13 PM	#5
chameleon Marksman Joined: Jan 2010 From: Bend, Or. Posts: 388	It would be safest for your dad to buy a handgun to gift to you when you turn 21. You could take it out shooting beforehand but it might be the best idea to have your dad with you when you go out shooting.

07-25-2011, 11:22 PM	#7
chameleon Marksman Joined: Jan 2010 From: Bend, Or. Posts: 388	yeah... forgive me earlier post (never post while distracted with kids lol). I just rechecked and the law in Oregon states that you can own a hand gun if you are 18 or older but cannot buy from an FFL until the age of 21. Here is an excerp from the oregon firearms federation in answer to a question about buying a gun while under the age of 21: "It is legal to own a handgun if you are younger than 21(but "over 18"). The prohibition is against purchase, not possession.(FFL holders may not sell handguns or handgun ammo to persons under 21) As for "registration" understand that when a firearm is purchased FROM A FEDERALLY LICENSED DEALER, there is a de facto registration thanks to the "background check." However, this does NOT apply to firearms obtained through transfers from private parties. So, if the gun in question was obtained through a private transfer that took place outside of a legally defined "gun show" there is no registration of any kind."

07-25-2011, 11:33 PM	#8
JayD1981 Rifleman Joined: Jan 2009 From: Richland, WA Posts: 150	No problem, I just have a pet peeve about people claiming what a law says or what you can or cannot do without anything to back it up. I have found police and forums to be the least reliable sources of so called laws.

07-26-2011, 08:57 AM	#9
Kev1432 Newbie Joined: Jul 2011 From: Oregon Posts: 2	Okay, thanks guys. That helped a lot. I seemed to have trouble finding the definitive answer to this earlier because there were some mixed opinions elsewhere online.