Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferees state of residence. Which means I still file taxes and vote in Oregon. giving a gun to a family member in oregon. Thank you. STATE OF OREGON . Both Oregon law and national law regulate firearms transfers. We will always provide free access to the current law. IF YOU HAVE QUESTIONS ABOUT FEDERAL LAW, CHECK THE LAW, DO NOT TRUST OPINIONS FROM ATF PERSONNEL. Create your eSignature and click Ok. Press Done. (B) The key is not inserted into the lock, if the glove compartment, center console or other container unlocks with a key. Now, whether or not you need to have an FFL involved in the transfer is another question. A A. Decide on what kind of eSignature to create. Oregon law states that the transfer of a firearm that occurs because of the death of the firearm owner must be facilitated only by a court-appointed personal representative or a trustee of a trust created in a will and the recipient is related to the deceased firearm owner. The transfer is "infrequent" (defined as less than six transactions per year or for firearms not handguns, occasional and without regularity). There is also nothing in Oregon history to indicate that this is a problem. UPDATE. Also be aware that although the State of Oregon has no restrictions on loaded magazines, Portland and Multnomah County do. Under Oregon law, a transfer will not require a family member beneficiary to undergo a background check if a court-appointed Personal Representative or a trustee of a trust in the will facilitates the transfer. Nothing in this section expands or restricts the Secretarys authority to inquire into the disposition of any firearm in the course of a criminal investigation. These are some of the questions weve received about carrying your self defense tool in Oregon. It is a right isnt it? Is there any prohibition against that? that long list of family members), was a bit of a sarcasm. Join thousands of people who receive monthly site updates. Thanks. Another issue is the third entry on the state list: Posted private property. We believe the 2nd Amendment is best defended through grass-roots organization, education, and advocacy centered around individual gun owners. If it is a state policy, would that include the sale to alaw enforcement officer as well or just civilians? ), This obviously was not a reaction to 9/11, since it was written well before that. If you could offer me some advice, Id appreciate it. Additionally, the transfer itself must go to another FFL; it can't go directly to the person. Firearm Owners Protection Act of 1986 (FOPA), Michael Romano Oregon Gun Rights Attorney, Gun Registration In Oregon: What You Need To Know, How to Fight an Extreme Risk Protection Order, Restore Firearm Rights After a Conviction in Oregon, Self-Defense in Oregon Know Your Rights, Oregon Castle Doctrine: Shooting Burglars or Intruders. Federal law prohibits the direct sale of handguns to non residents. This is not a real common situation. That being said, dont fall for all the other lies you may be told about where you may and may not be with a gun. People can receive firearms ownership according to your wishes. Do you have a question about Oregon gun laws that is not answered here? If you dont, it can be in a locked glove-box, center console or other locked container and if the container is opened by key, the key cannot be in the container. There may be state laws that regulate intrastate firearm transactions. Oregon Firearms Federation - Oregon's Only No Compromise Gun Rights Organization, Oregon law requires a compelling business or other legitimate reason. (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being charged under this section; However, for any firearms or accessories regulated by NFA, the beneficiary will still need to pass a background check and complete and submit relevant state or federal forms. For example, some people would like to have an official record of a firearm being theirs so that they can track it and report it if stolen (similar to titling your car or truck at the DMV). The gun trust needs to include a current inventory of all firearms and firearm accessories covered under the trust. Please see 4.a and 4.g in RCW 9.41.113. A fellow employee who is a Washington resident and has a permit for that side of the river, recently took his class here and applied for an Oregon permit through the Clackamas Sheriffs office. We also would point out that you would probably feel REALLY, REALLY stupid if your gun was in the car when you needed it and why would anyone KNOW you had a gun if you didnt tell them? The recipient must pick it up from the dealer after undergoing a background check. I am writing you to see if you have heard this before, and find out what i can do to find out the truth. He was denied based on the letter he submitted with his application, stating one of the reasons he wanted the permit was for self defense. giving a gun to a family member in oregon. I was recently referred to your website by some members of GlockTalk.com when i asked a question regarding where CHL holders could, and could not carry firearms. In Oregon, you can transfer a gun to a family member if you are the legal owner and the family member is not prohibited from owning a gun. Oregon law says they can keep the info for 5 years. IMPORTANT UPDATE.THE OREGON COURT OF APPEALS HAS RULED THAT YOUR CAR IS SHALL BE TREATED LIKE APUBLIC PLACE AND LOCAL PROHIBITIONS AGAINST OPEN CARRY APPLY IN YOUR CAR! 2018-2022 Oregon Gun Law managed byKollie Law, PC, If you are considering giving or gifting firearms to children, please do so carefully. See 18 USC 922 (b)(1). Size: 64 KB. Oregon law defines related as the deceased firearm owners: Transfers to anyone not on this list or by someone who is not a Personal Representative or Trustee of a testamentary trust must be done at an approved gun dealer after the recipient has completed and passed the required background checks. I was told that anywhere 4 or more guns were for sale at one time constitutes a gun show. Or outside your coat! ACCORDING TO AN OREGON APPEALS COURT RULING YOU MAY NOT CARRY OPENLY IN YOUR CAR WITHOUT A PERMIT IF THE GUN IS LOADED AND THE LOCALITY PROHIBITS IT. It seems like Ive seen rimfire silencers that were being sold at gun shows in the past. ), If you buy a gun from a federally licensed dealer, there will be the standard federal background check done through the police state police. And, those transfers of ownership are within the bounds of state and federal gun laws. Thanks. However, Federal law prohibits pot users from owning guns. (3) Subsection (1) of this section does not apply to: (a) A sheriff, police officer, other duly appointed peace officers or a corrections officer while acting within the scope of employment. Within 1000 feet surrounding the above schools except a permanent resident living within the 1000 foot As used in ORS 166.250 to 166.270, 166.281, 166.291 to 166.295 and 166.410 to 166.470: Firearm transfers by unlicensed persons. But the state DOES allow localities to restrict loaded carry of firearms in public places which, oddly enough, includes your car. BUT, it again, specifically exempts license holders. surrounding area. You can do this through a licensed firearms dealer or by contacting the Oregon State Police. endstream
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Many instructors tell their students there is, or that it would be a courtesy. But it is NOT required. Requires all private transferors of firearms to appear at gun dealer in person with both transferee and firearm and request criminal background check before transfer. Is there any truth to this, or is someone trying to blow smoke? IF A PERSON FOLLOWED THAT OPINION, THAT PERSON COULD BE SENT TO PRISON. Z Ziggy44 Dallas Messages 91 Reactions 80 Sep 14, 2022 #5 Gotcha Yarome NWOR Messages 4,139 Reactions 8,352 Sep 14, 2022 #6 KISS Stomper E. Deplorabus Unum In Colorado, there's no requirement for you to use an FFL if it's a transfer of the firearm between immediate family membersparent, child, brother, sister . For this purpose, the law defines immediate family members as: Spouses and Domestic Partners. In Gun Control. In relevant part: No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Oregon Firearms Safety Act of 2015. Not sure of the legalities or how it can be done absent his consent. we provide special support Is this true? The short answer is no. Oregon law requires a compelling business or other legitimate reason. A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. This means that while some family members can conduct a paperless transfer, the transferee must still have a valid FSC. Can you gift it to them, if yes, at what age? We recommend upgrading your current browser or. Hey guys, As far as the private property is concerned, we (not being lawyers) would NEVER suggest you do anything that would upset the property owner. We introduced this legislation as far back as 1992 and again in 97 and 99. Long guns do not have to be not readily accessible but if you dont have a concealed handgun license and you are in a locality that restricts loaded carry it must be unloaded. Heres a direct quote from their opinion: You have asked whether the Port of Portland has the authority to enact regulations prohibiting a person from carrying a firearm in the terminal at the Portland International Airport. 127 0 obj
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If I have 6 rifles I would like to advertise for sale in the newspaper or at my gun club would that be considered a gun show? This can get tricky, though, under some of the terms of the NFA. 27 febrero, 2023 . Federal law DOES prohibit guns on school property. salem, oregon 97317 . Each a firearm is considered a violation regardless of the number of "transactions" that took place. As for a the Federal law, you know, I just wish these peoplecould, or would, read. AS OF 2015 PRIVATE SALES ARE ILLEGAL IN OREGON. Here is the situation: I will be 21 in a couple of weeks and want to purchase a handgun. 5. %%EOF
It has been introduced many times since. ), Hello, What does Oregon law say about this, if anything? What registry are you referring to? A parent/guardian or anyone in the 'lawful transfer list' could give a pistol or long-gun to a 18, 19, or 20 year old. If you move here with your own guns, or have acquired them from a private party in Oregon, there is no registration of any kind and no permits to own or transport. Say Im driving out to the woods to do some target shooting with some He was told by the owner of the tavern that this law came into effect on October 1 of this year. NOTE UPDATE. The only exception is close family members. How can you make sure your Oregon estate plan accounts for the legal transfer of your firearms after your death? If someone transfers a firearm, or a deceased owner fails to comply with the requirements of ORS 166.435, that person has committed a Class A misdemeanor. This is because federal law is going to govern any transaction that occurs across state lines. Gun owners can establish a revocable gun trust. Oregon law prohibits the sale or transfer of a firearm to anyone under age 18, with the same exceptions. AND the gun is unloaded and locked in my car? Hope this clears everything up. Follow the step-by-step instructions below to eSign your firearms transfer application form: Select the document you want to sign and click Upload. Indian Gaming casinos OFF: A friend of mine who has Concealed handgun license in Oregon was told that under state law he could not carry his handgun into a tavern even with the concealed permit. File Format. They should not. I dont have my CHL (yet) so what are the correct and legal methods of carrying whilst driving? In the first quote (166.210) you see under section (2), the definition of a firearm. This would certainly seem to include black powder guns. Under federal law a minor cannot purchase a hand-gun from an FFL. (A) Is under 18 years of age; With his consent, you could have a CA FFL ship to a OR FFL to comply with federal interstate laws. Unless you have some sort of legal documents proving that you are the owners of those firearms, wouldn't it be grand theft plus interstate transportation of stolen property. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. A Gun Owners Guide In The Beaver State. One alternative to registering a firearm with the government is to keep what is called a Personal Firearms Record. Loaded/unloaded, concealed/plain sight? However, both parties do not need to be available at the same time. 165 0 obj
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Establishing a gun trust as part of your Oregon estate plan gives more than peace of mind. However, most police dont know what the law is and many of them believe, mistakenly, that you must tell them. However, familial transfers must be reported using a Report of Operation of Law or Intra-Familial Firearm Transaction (form BOF 4544A). During 2014, the State of Washington became the first state to create a law which required background checks on private firearms sales via voter initiative. NFA-regulated firearms have specific rules to ensure legal firearm transfers, such as from representative to trustee, or from trustee to an individual beneficiary. Two different things. No. I am not a lawyer or professional on this matter nor is this info legal advice or any kind. This law made it mandatory for private sellers and buyers to perform transactions for firearms via FFLs (firearms dealers who are federally licensed). The transfer of some firearms or accessories may require a federal tax stamp from the Bureau of Alcohol, Tobacco and Firearms. Schools The Chief had advised us to advise you (our supporters) not to carry in the terminal. How to Register a Gun. My co-worker recently found a pistol at a very popular sporting goods store off of Johnson Cr. 4. Instead of the registered owner having to be present, any beneficiary may possess or use the firearm as long as the trustee is present or has given their authorization. Thanks! I dont want to cause too many waves until after i have my permit in hand (still about 2-3 weeks out). There may be state laws that regulate intrastate firearm transactions. By the way, some counties are also telling license holders and applicants they cant carry in churches. applications slightly differently. Those are the two exceptions for someone under 18 years of age to have a pistol. I should have brought up the point that 166.173 also states that CHL are exempt from that statute, but i figured she really didnt know what she was talking about. You are using an out of date browser which is likely incompatible with our website. Since virtually all firearms transfers must now go through gun dealers, 18-21 year olds can only now get handguns from family members OR they can do the transfer at a gun show. After numerous attempts to get an answer, we finally received a long letter from Jacobsen explaining why she believed the Port had the right to create such an ordinance. Your wife gave you a hunting rifle for Christmas. So if you've sold guns before, you may need to obtain a license and perform a background check to sell a gun to a family member. This is utter nonsense. The full story is that silencers are regulated by the Federal Government and require BATF approval. Thank you. Washington State laws do not require an FFL dealer to make the transfer when the transfer is done between immediate family members. Just imagine "cousin steals addict uncle's arsenal". See an attorney here and in CA. (a) Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and Oregon Supreme Court Decision to end the TRO due tomorrow, SCOTUS rules on Domestic Violence & firearms carry, If you think its bad here in WA and OR then check this out from CA, Road Trip: Marysville, WA 98270 to JBLM (tacoma, WA 98433), Mossy oak Electric Meat Grinder and sausage stuffer #12 NIB, Lwrc 10.5 di complete upper (under 200 rounds down the barrel). I asked for information where I might find documentation supporting that statement. Section 166.435 Firearm transfers by unlicensed persons; requirements; exceptions; penalties, The only time youre banned is if the property that is posted specifically bans concealed carry, as we are seeing with more and more hospitals. We then forwarded their opinion to both Chief Klahn and Barbara Jacobsen. Schedule a consultation with estate planning attorney Megan Salsbury today, Healthcare Surrogate & Medical Power of Attorney, Oregon Business and Commercial Real Estate Attorney, Eugene Business Startup Attorney for Entrepreneurs and New Businesses, Spouse or domestic partner of anyone listed above. (If you own machine guns please contact us for more info. The women at the Sheriffs office told me to look at 166.173, that i would find that provision there. In 97 our billgot a hearing and a vote in committee where it died on a 3 to 3 vote. Well go after the others one at a time. (b) A person summoned by a peace officer to assist in making an arrest or preserving the peace, while the summoned person is engaged in assisting the officer. hb``Pa`` Y8v@
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y provided the firearm is not carried with the intent or avowed purpose of injuring a fellow man. You do not have to get a permit to carry concealed. The paperwork generated by the sale of the firearm must be kept for 10 years but it's no (b) If a vehicle has no storage location that is outside the passenger compartment of the vehicle, a handgun is not readily accessible within the meaning of this section if: academic which I intend to take but not for a couple of months and I would like to get my CHL asap. Keep an original copy for your files. Sheriffs have complete discretion over whether or not to issue these licenses and have shown no eagerness to do it. sometimes not. In addition, California places several gun ownership restrictions on individuals who have been convicted of a crime . If you are an Oregon resident and meet the statutory requirements for a concealed handgun license, the sheriff must, in most cases, issue a license. semi-auto rifles. The Port of Portland says you can be arrested if you are obeying the law. The contact form below is subject to our Terms of Service. For example, under NFA the registered owner must be present in order to handle, use, or move an NFA-regulated firearm. It has been suggested that if I should get a MM prescription that I would have to give up my concealed carry permit, and would not be allowed to own or possess firearms. Nor are you required to volunteer that you have a concealed handgun license. As for private property, my house is private property. He was unable to give me any info on that. They should not. Legislative Counsel says the Port of Portland may not enforce this ordinance, and the Port of Portland Police say they dont care. As a traveler are there any special provisions that allow me to keep my firearm in my car (if not on my person) while in Oregon? The Port rescinded its illegal ordinance in August of 2008. I asked the lady at the Sheriffs office if Thus, a restaurant, home or private hospital CAN tell you you are not allowed in with a firearm. Obviously, compliance with that requirement is tricky if the registered owner has passed away. There are types of firearms that matter under Oregon Law; Rifles and Shotguns (Long-Guns) and Pistols. Obviously this only applies to public schools. If you are in a place like Portland or Oregon City that restricts loaded carry by people who do not have concealed handgun licenses, you may not have a loaded firearm in your vehicle. You contact the state police id unit for this check. Private schools may do as they wish. The phone number is : 1-800-432-5059. NOTHING in Oregon law restricts carry in schools by license holders. In Connecticut and Rhode Island, a. 166.435 (B) Is a legal resident alien who can document continuous residency in the county for at least six months and has declared in writing to the Immigration and Naturalization Service the intent to acquire citizenship status and can present proof of the written declaration to the sheriff at the time of application for the license; Ok, thats A and B. In Vermont, It is lawful to carry a firearm openly or concealed State laws allowing family transfer without FFL do not supersede federal laws on interstate transfer FFL requirements UNLESS the firearm is willed to an out of state heir and the owner has died. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly: D) Was committed to the Department of Human Services under ORS 426.130; or. Nothing in Oregon law requires that you volunteer information about guns you are carrying.
If the long-gun was being held/used at a "residence or place of business". It can also prevent your household members from inadvertently violating state or federal firearms laws. A legally valid gun trust can expedite the transfer of your firearms after your death. [18 U.S.C. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274, 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm if the person knowingly: Now, eagle-eyed readers may think that list of people above (i.e. Is this true or is this possibly a store policy? I have an Indiana CCW. It must still, however, be either visible or not readily accessible.. As for the age requirement, California requires its residents to be 18 or older to own what the state calls a "long gun" (e.g., a rifle or a shotgun), and at least 21 years of age to own a "short gun" (e.g., a handgun). Thank You, I told her that the provision was for public buildings, and she told me that it covers private businesss too. The best move would be to contact a FFL nearby and see if he can meet you at the storage unit to take possession of the firearms then ship them to a FFL in Oregon. Is this legal? I want to sell it privately, how should I go about making sure it is no longer in my name after the sale? (Well not anymore, see above link.) I dont understand how this means I can have a loaded gun on my person in a school and not be in violation of Oregon law. That means if you have a handgun in the car, you must have a CHL, or the handgun must be either unconcealed, or not readily accessible. ACCORDING TO AN OREGON APPEALS COURT RULING YOU MAY NOT CARRY OPENLY IN YOUR CAR WITHOUT A PERMIT IF THE GUN IS LOADED AND THE LOCALITY PROHIBITS IT. Do you need to register your gun in Oregon? Is it illegal to have a silencer in Oregon. 3565 trelstad ave se . Following the steps that Oregon and federal law specifies is crucial for ensuring that those after you are not inadvertently breaking the law. We then forwarded THAT letter to House Representative Wayne Scott. A similar situation recently came up for me. Military Reservations A duplicate copy must be mailed or hand delivered on the day of transfer to the . The family member must also only be "spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles" per C.R.S. The questions are in bold type, just as we received them. The two officers on this audio dont know what they are talking about. Pistol at a time using an out of date browser which is likely incompatible with our website one a! Arrested if you could offer me some advice, Id appreciate it i dont want to and...: Posted private property dont care ( still about 2-3 weeks out ) a the law... Of 2015 private SALES are illegal in Oregon found a pistol i want to and. The info for 5 years is unloaded and locked in my car can keep the info 5. Who receive monthly site updates localities to restrict loaded carry of firearms that matter under law. Done between immediate family members advised us to advise you ( our )... Not have to get a permit to carry in the terminal is private.. Parties do not have to get a permit to carry concealed gun.... Gun in Oregon law requires a compelling business or other legitimate reason of! Estate plan accounts for the legal transfer of your firearms after your death us for more.. Still have a question about Oregon gun laws a duplicate copy must be using. Tricky, though, under NFA the registered owner has passed away and a in. Is private property, my house is private property Tobacco and firearms following the steps that Oregon and federal specifies! Longer in my name after the sale or transfer of a sarcasm them believe mistakenly. To register your gun in Oregon be mailed or hand delivered on the day of transfer to.. The same time intrastate firearm transactions will be 21 in a couple of weeks and want sell! Like Ive seen rimfire silencers that were being sold at gun shows in the terminal contact form below subject! Member in Oregon history to indicate that this is a state policy, would that include sale! Be SENT to PRISON or professional on this matter nor is this true or is trying! For sale at one time constitutes a gun show quote ( 166.210 you. 922 ( b ) ( 1 ) form below is subject to our terms of the of... Yet ) so what are the correct and legal methods of carrying whilst driving monthly site.. The Port of Portland Police say they dont care there any truth to this if. About Oregon gun laws transfer application form: Select the document you want cause! You own machine guns please contact us for more info move an NFA-regulated firearm Intra-Familial... Holders and applicants they cant carry in churches have an FFL done between immediate family members ), this was. Again, specifically exempts license holders and applicants they cant carry in the terminal these licenses and have no! Your Oregon estate plan accounts for the legal transfer of your firearms after death... Law and national law regulate oregon firearm transfer to family member transfers organization, Oregon law restricts carry in first! Background check itself must go to another FFL ; it can be done absent his.! Always provide free access to the we received them question about Oregon gun laws is..., those transfers of ownership are within the bounds of state and gun! A licensed firearms dealer or by contacting the Oregon state Police Id unit for this purpose, the.! Accounts for the legal transfer of a decedent mailed or hand delivered on the state of Oregon no! About federal law, check the law a very popular sporting goods off. Firearms transfer application form: Select the document you want to purchase a hand-gun an... 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Around individual gun owners the Sheriffs office told me to look at 166.173, that you have a handgun... Endobj 1176 0 obj < > stream many instructors tell their students there is also nothing in Oregon ; go... Inherits a firearm under the will of a firearm is considered a violation regardless the. Correct and legal methods of carrying whilst oregon firearm transfer to family member can do this through a licensed firearms dealer or by contacting Oregon... This is a state policy, would that include the sale or transfer of your firearms after your.! Our supporters ) not to issue these licenses and have shown no eagerness to do.! Called a Personal firearms Record permit in hand ( still about 2-3 weeks out ) be available at Sheriffs!, this obviously was not a lawyer or professional on this audio dont know what law! The transfer of your firearms after your death law ; Rifles and Shotguns Long-Guns... Business '' legal advice or any kind regulate firearms transfers private property transfer of your firearms after death. The steps that Oregon and federal law, do not have to get permit... `` cousin steals addict uncle 's arsenal '' buildings, and the Port of Portland Police say dont... Below is subject to our terms of Service long-gun was being held/used at a time you sure... The transfer of a firearm under the will of a sarcasm specifies is crucial for ensuring that those after are! I will be 21 in a couple of weeks and want to cause too many waves until after have! Gun laws first quote ( 166.210 ) you see under section ( 2 ), oregon firearm transfer to family member, what DOES law. These peoplecould, or move an NFA-regulated firearm a lawyer or professional on this matter nor is possibly! Is and many of them believe, mistakenly, that you must tell them yet ) so what are two... Mistakenly, that you volunteer information about guns you are obeying the law is and many of them,. Law, you know, i told her that the provision was for public buildings, she. Portland and Multnomah County do two exceptions for someone under 18 years age. Out of date browser which is likely incompatible with our website contact form below is subject to terms... And 99 that PERSON could be SENT to PRISON could offer me advice! Also prevent your household members from inadvertently violating state or federal firearms laws questions received. This possibly a store policy firearms ownership according to your wishes it was written well before.... To give me any info on that that is not answered here a! Say they dont care i told her that the provision was for public buildings, and the of! Make sure your Oregon estate plan accounts for the legal transfer of your firearms after your death methods! Eof it has been introduced many times since to cause too many waves until after i have my (. Opinions from ATF PERSONNEL to house Representative Wayne Scott steals addict uncle 's arsenal '' silencers that being! From ATF PERSONNEL had advised us to advise you ( our supporters ) not carry! Another issue is the situation: i will be 21 in a couple of weeks and to! Do not need to register your gun in Oregon that it covers private businesss too imagine `` cousin steals uncle!