Posted: 12/20/2007 2:33:39 PM EDT
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Alright, I'm getting close to my 21st birthday, and I'm looking forward to picking up a toy for myself. I remember a thread about a sticky situation at the Gun Show with a Washington Resident, and I realized that I really am not clear on some of the gun laws here. Before I buy anything else, I want to make sure I know as many of the details as I can. I know Gunshows are slightly different, so lets assume that this is not at a gun show. So to clear these up: So, here are a few scenarios. Some are obvious, some seem very fuzzy. 1) I buy a rifle/shotgun. At some point I decide I want to sell it. I try to sell it face to face to someone. Does the buyer need to be an OR resident? Over 18? 1B) Same thing, with one of those fancy air guns in American Rifleman. 2) Same thing, with a handgun. OR resident (yes). Over 18? Over 21? 3) Do I need to do a background check or anything if this person is a stranger, but an OR resident? Can I get in a ton of trouble if this person turns out to be not allowed to own a gun? 4) I go to Bimart and see 10/22s on sale for $10.22. Sweet! They are only on sale for the next half an hour. I buy two, because this is an awesome deal. a) Can I sell one to a friend, that is over 18? b) Can I sell one to a friend, under 18? c) Can I give one away to a friend over 18? d) Can I give one away to a friend under 18? e) Do I end up with a safe full of 10/22s (not a bad thing, really.)? Does there need to be some time interval there, or an FFL involved, or what? This one came up because I read about guys buying Surplus Garands from the CMP and then selling them. If they buy one with the intention of selling it, is that illegal? IF they buy it with the intention of giving it as a gift? If they buy it with the intention of selling it to someone in particular vs selling it to anyone that will buy it? Obviously, I do not want to flirt with or skirt the law on something important. Probably a lot safer to err on the side of caution and just get one, but for $10.22, my brother/friend/teammate/safe should sure get one. Thanks for the help, ORHTF. |
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David got busted for selling firearms to a resident of another state without transfering it through a dealer. All private tranfers of a firearm that are between residents of different states must go through a dealer (FFL) in the purchasers state. If you sell a firearm to an Oregon resident 18 or older and have no reason to believe that said resident cannot legally posses a firearm you should be fine. It would be a good idea to look at the buyers DL to check age, and copy the number and his name down for your records. If you make a living selling firearms then the Feds say you must have an FFL. If you make a little profit every now and then to enhance your collection its not a big deal but I wouldn't say much about. Your BI MART scenario would be frowned upon by the ATF, but if it happened once you probably wouldn't get arrested, I wouldn't do it though. It is legal to buy a firearm as a gift for another person, as long as they are not prohibited by law from owning one. It is illegal to sell or give a firearm to a minor, unless it is given to a parent or gaurdian that can legally own it. They guy selling the Garands most likely had a FFL or C&R liscense. Hell maybe he had a manufacturing liscense. |
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It is illegal to sell or give a firearm to a minor, unless it is given to a parent or gaurdian that can legally own it. I don't believe that statement to be complete. It may be because they are family, but my parents bought a rifle for my daughter ( 3 1/2 ). The people at sportsmans walked my mom through the whole process, mom has never bought a gun. She even told them it was for her grand daughter. She was told that was ok. I know you probably wouldn't want to sell one to a 15 yr old and not let the parents know, I am just thinking the wording might be a little off. ( like in most laws )..LOL BIGFOOT |
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Sportsman's warehouse may have been a little off. It happens. I wouldn't necessarily place a lot of faith in the legal interpretation of a guy working behind the counter at a sporting goods store. She may have seemed upstanding and so no real worries about purchasing for her grand daughter. A fairly large sporting goods store got audited by the BATF. It is my understanding thay had nearly 600 firearms that walked out the door without background checks. Maybe employee theft. Maybe they were sold to someone who might not pass. That is undetermined. |
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www.leg.state.or.us/ors/166.html 166.250 covers giving firearms to minors (under 18) It seems to say that you can give long arms to those under 18, so long as the parents give permission, but handguns are off limits until 18. Minors may have possession of a handgun, but only "temporarily". |
What you need to be careful about here is a "straw purchase". Basically, you would be you buying a gun for someone who could not do so legally himself. Assuming that this really was a one-time short duration offer as you describe, you would probably be ok picking one up for a friend, either as a gift, or him paying you for it, PROVIDED that you are certain that he would qualify for the purchase himself if he were there, and in the case of under 18 you get parent's consent etc. The friend would need to be an Oregon resident too. Given that its extremely unlikely that Bi-Mart is going to do a deal like this, I would suggest that you just concentrate on buying firearms for yourself for a while. That way you don't have to worry about the law - go through a dealer/FFL and they will ensure that the transfer is legal and you won't have to worry. |
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Yup, I see that it is a lot simple (and safer) to just buy firearms for myself. I knew that that was the case, but wanted to get the details anyway. I tried to think of some odd scenerio where it would ever come up, and the BiMart idea is an extreme example. I had heard that "Straw Man" term, and has read about Washington Residents, but wanted to go through and make sure I had a more specific understanding, not just a vague idea of things. Too important an issue to go off of a "vague understanding" of the law. I wanted to read up on face to face transactions before my birthday in case I saw something I liked, but I'm sure I'll just buy from Philomath when the time comes for simplicity. Plus, I'll be really hard pressed to beat their deal anyway. Thanks for clearing up some of the details. |