Old 09-09-2008, 12:13 AM   #1
Firearm Enthusiast
 
Join Date: Sep 2008
Posts: 115
possession question?

My question is can you pass down a handgun to someone in your family that is only age 18? The story is, unfortunately our grandmother is very ill . and she wants to pass down a pistol (glock 17 2nd.gen) to her grandson. can a 18 year old have a handgun passed down by his grandmother even if he cannot leave the house with it. maybe in a locked box until the age 21. Another question is can you post to sell firearms on these forums.

much help would much appreciated.
ak lover is offline   Reply With Quote
Old 09-09-2008, 12:13 AM   #2
Firearm Enthusiast
 
Join Date: Sep 2008
Posts: 115
In the state of oregon?
ak lover is offline   Reply With Quote
Old 09-09-2008, 12:16 AM   #3
Firearm Zealot
 
Beer Forever's Avatar
 
Join Date: Dec 2005
Location: Tucson, AZ
Posts: 2,935
I think that you can't be under 18 and own a handgun no matter the circumstance. I could be wrong, but if you called your local PD, sheriff, or the ATF they can tell you better than I can.
__________________
Paramedic/Firefighter
sks forever
FMF Corpsman
Proud Father and Husband
Proud American!!
Beer Forever is offline   Reply With Quote
Old 09-09-2008, 12:22 AM   #4
Firearm Enthusiast
 
Join Date: Sep 2008
Posts: 115
so what happens to the firearm if no one in the family claims it and what happens if nobody was able to take it back for the cash
ak lover is offline   Reply With Quote
Old 09-09-2008, 12:31 AM   #5
JBS
Firearm Aficionado
 
JBS's Avatar
 
Join Date: Apr 2003
Posts: 934
Can't she pass it down to an adult in his family (mother...father) with the understanding it will go to him when he reaches the legal age? Seems like that would be the simplest way. JMO
JBS is offline   Reply With Quote
Old 09-09-2008, 12:37 AM   #6
Firearm Enthusiast
 
Join Date: Sep 2008
Posts: 115
only one person in the house (who is a fellon) besides the 18 year old. that is all the family besides the grandmother.
ak lover is offline   Reply With Quote
Old 09-09-2008, 12:44 AM   #7
Firearm Enthusiast
 
Join Date: Sep 2008
Posts: 115
Can the grandmother have her daughter which is unfortunately a fellon just bring the firearms into the store for trade in value with a written paper saying from the grandmother that it is what she wants.
ak lover is offline   Reply With Quote
Old 09-09-2008, 07:28 AM   #8
Registered User
 
iflylow74's Avatar
 
Join Date: Sep 2005
Location: Arkansas Territory
Posts: 1,768
Quote:       Originally Posted by ak lover View Post
Can the grandmother have her daughter which is unfortunately a fellon just bring the firearms into the store for trade in value with a written paper saying from the grandmother that it is what she wants.
Im no expert but I dont think I would do that. I served as a juror in a felon in possesion of a firearm case. It was a simple mistake, he had an old single shot .22 behind the seat taking it to a family member (I think) when he got picked up. We could have given him up to 20 years in prison.

If a LEO happens to question the daughter while she was carrying the pistol, she would technically be a felon in possesion.
__________________
Regnant Populi
iflylow74 is offline   Reply With Quote
Old 09-09-2008, 08:02 AM   #9
Resident Curmudgeon
 
Cyrano's Avatar
 
Join Date: Oct 2007
Location: New York
Posts: 15,339
Talk to the police or the sheriff. Explain the circumstances. They might be willing to lock the pistol up until the boy turns 21 and qualifies for his pistol permit.

Alternatively, talk to a reputable gun store. For a fee, they might be willing to lock it in the safe, appropriately tagged, until he turns 21.

Of course, if Obama gets elected this discussion might be moot.
Cyrano is offline   Reply With Quote
Old 09-09-2008, 09:08 AM   #10
Firearm Aficionado
 
at4rxj's Avatar
 
Join Date: Oct 2005
Location: Houston, TX
Posts: 1,154
Not sure on Oregon laws... as stated, check with a law enforcement office to get more info. A gun store would probably know as well.
__________________
modulARweapons.com
at4rxj is offline   Reply With Quote
Old 09-09-2008, 09:57 AM   #11
Retired First Sergeant
 
oldjarhead's Avatar
 
Join Date: Oct 2007
Location: MO
Posts: 5,325
Blog Entries: 2
Simple answer is no.
Solution: have grandma go to her bank and purchase (rent) a safe deposit box with her as the primary and the grandson as a secondary owner. Put the pistol, unloaded of course into a box and store it in the safe deposit box and leave it there until the grandson reaches legal age.
I would NOT get local police or gun dealers involved in "storing" the pistol. It would most likely not be there when he reached 21. I doubt the police would store it anyway.
I know many Marines who stored their personal handguns in SDB's while serving overseas.
oldjarhead is offline   Reply With Quote
Old 09-09-2008, 11:02 AM   #12
Firearm Zealot
 
M14man's Avatar
 
Join Date: Jun 2007
Location: FLA
Posts: 2,242
An 18 year old is allowed to own a handgun, but can not purchase one till age 21. So yes the firearm can be given to him. The woman who is a felon CAN NOT sell the gun. It is constuctive proof she owns it. If the 18 year old does not keep the gun in a locked box, he can endanger his mom with an arrest if the circumstances ever arise where a LEO determines she could be in 'possession'. Again Grandma can give the son a handgun.
M14man is offline   Reply With Quote
Old 09-09-2008, 11:03 AM   #13
Firearm Enthusiast
 
Join Date: Jan 2008
Location: Southern Mississippi
Posts: 447
I like the safe deposit box idea. As i see it and I am pretty sure in most states the firearm would not be able to be in the residence with a felon. Even if it belonged to the 18 year old the felon could still be subject to problems. If selling it is an issue I may would ask a close family friend or clergy member to help out with the sale. Or have Grandma go ahead and sell it while she is still able.
turkn8r1 is offline   Reply With Quote
Old 09-09-2008, 11:11 AM   #14
Retired First Sergeant
 
oldjarhead's Avatar
 
Join Date: Oct 2007
Location: MO
Posts: 5,325
Blog Entries: 2
Quote:       Originally Posted by M14man View Post
An 18 year old is allowed to own a handgun, but can not purchase one till age 21. So yes the firearm can be given to him. The woman who is a felon CAN NOT sell the gun. It is constuctive proof she owns it. If the 18 year old does not keep the gun in a locked box, he can endanger his mom with an arrest if the circumstances ever arise where a LEO determines she could be in 'possession'. Again Grandma can give the son a handgun.
The GCA of 1968 restricts ownership and possesion of a handgun to a person of at least 21 years of age. A person under 21 may use a handgun if accompanied by a person of the legal age, at a range or such. 18 years old can legally own a rifle and/or shotgun.
As M-14 stated, the felon would be jeopardized by having the weapon in the house IF it is accessible to her so if it is in a locked box and she has access to the key not only is she in jeopardy but so is the handgun owner. There's a similar case pending in a MO court where the felon husband and his non-felon wife has been charged with felonies because the wife owned weapons that were accessible to the felon husband...that's the way the ATF interpretations work!

Last edited by oldjarhead; 09-09-2008 at 11:14 AM.
oldjarhead is offline   Reply With Quote
Old 09-09-2008, 11:19 AM   #15
Firearm Zealot
 
M14man's Avatar
 
Join Date: Jun 2007
Location: FLA
Posts: 2,242
I believe the GCA restricts interstate sales, not ownership. I still think the 18 year old could own one. They should call the State Att'y in the state they live in and ask him.
M14man is offline   Reply With Quote
Old 09-09-2008, 10:18 PM   #16
Firearm Aficionado
 
stitchclimber's Avatar
 
Join Date: Aug 2007
Location: The great northwest
Posts: 1,146
In the state of Oregon an 18 year old is allowed to posses a handgun. It cannot be transferred to him through a federally licensed dealer, but a private family transfer is okay. He or she will be unable to carry it, or posses a concealed carry license in Oregon until the age of 21. Hope that makes things clear. I live in Portland and have been researching gun laws. Feel free to PM for more info. Also, if you're in Oregon there are two really good sites that are free to register on to sell weapons locally.

Northwest Firearms Community Forum - Powered by vBulletin
Outdoors Trader
__________________
turning up the radio, got just enough religion and a half tank of gas...
stitchclimber is offline   Reply With Quote
Old 09-09-2008, 10:23 PM   #17
Firearm Aficionado
 
stitchclimber's Avatar
 
Join Date: Aug 2007
Location: The great northwest
Posts: 1,146
In the state of Oregon an 18 year old is allowed to posses a handgun. It cannot be transferred to him through a federally licensed dealer, but a private family transfer is okay. He or she will be unable to carry it, or posses a concealed carry license in Oregon until the age of 21. Hope that makes things clear. I live in Portland and have been researching gun laws. Feel free to PM for more info. Also, if you're in Oregon there are two really good sites that are free to register on to sell weapons locally.

Northwest Firearms Community Forum - Powered by vBulletin
Outdoors Trader
__________________
turning up the radio, got just enough religion and a half tank of gas...
stitchclimber is offline   Reply With Quote
Reply

Gun & Game - The Friendliest Gun Forum on the Internet > Firearms > Manufacturers > Glock

Tags
ar 15, general bullet questions, glock, handgun, possession, question

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off



All times are GMT -5. The time now is 04:42 AM.




Recent Discussions

Connect with us!
Advertisement



"It don't cost nuthin' to be nice." -- Mike West