CCW With Wife's Gun - Is It Legal ?


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Newton
August 10, 2005, 12:18 PM
My wife picked herself out a nice S&W 642 that she used (with great success) for her CHL qualification shoot, the thing is that she mostly now carries a P-3AT (which was mine) and I now carry her 642.

So we effectively switched guns. The question is, can you legally carry a gun purchased by your spouse.

Thanks

Newton

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wdlsguy
August 10, 2005, 12:35 PM
It would be legal in Texas. Which state are you in?

dolanp
August 10, 2005, 12:40 PM
It would be legal in Texas.
Well if she qualified with a revolver she would have an NSA rating on her CHL which actually means she couldn't carry the P-3AT.

Yowza
August 10, 2005, 12:41 PM
Yeah, in SC it doesn't matter what handgun you carry. I qualified with my Dad's 9mm and my wife qualified with my S&W 6" 686. Needless to say, she doesn't CCW that thing. :D

I have heard of other states that require you to be certified with the particular firearms you intend to carry, though.

Rick

armoredman
August 10, 2005, 12:42 PM
As long as it's legal,(including Class 3), AZ doesn't care what you conceal, or how many of them.

Don't Tread On Me
August 10, 2005, 12:45 PM
In Florida, it would be legal.


There is no requirement to qualify with a specific firearm under a specific license. So long as you qualify, you can carry any firearm that is legally in your possession. Whether you bought it or someone let you borrow it, it's all good.


So, swapping with your wife would be no problem at all, since both firearms are legal.


In some states with registration schemes, this might be a problem.


You might want to check http://www.packing.org/

geekWithA.45
August 10, 2005, 12:49 PM
Legal in PA: Spousal firearms xfer is specifically supported, and the LTCF is good for any handgun.

NOT legal in NJ, even assumming (ha!) you've got a permit: there's not spousal xfer provisions, even in your own home.

_technically_, it's not lawful for your wife to shoot a rapist with her husband's armaments.

Graystar
August 10, 2005, 01:02 PM
In the vast majority of states firearms are simply property...if it's in your possession it's yours and that's that. In states like NY each handgun is registered to specific owner(s) and can only be possessed by those people.

As always, check with a lawyer to be sure, but seeing that you have a CCW license (or lucky enough to not need one) my guess is that if you had to register your guns you'd know it by now. The only other issue would be some odd qualification requirement. You should be able to check that at www.packing.org.

billwiese
August 10, 2005, 01:40 PM
Some states' CCW permits actually list make/model/caliber (and serial#) of gun.

Nevada's CCW - at least for out-of-state - IIRC, used to be limited to 5 guns on it. That limit is now gone, but you do have to test with the guns that are on your CCW. I am not sure if they go down to serial# level of detail but brand/model/caliber is indeed specified.

California CCWs are apparently tied to specific guns(s)- down to serial#. Don't wanna mix & match.


Bill Wiese
San Jose

countertop
August 10, 2005, 01:53 PM
no problem in Virginia


Or in New Hampshire (or Georgia or Tennessee or West Virginia or Florida)

WT
August 10, 2005, 02:47 PM
Thinking like a Philadelphia lawyer, it could open your wife up to a civil suit after a shooting.

MechAg94
August 10, 2005, 02:57 PM
Even in Texas it is no problem unless you are specifically restricted on your CHL.

71Commander
August 10, 2005, 03:59 PM
Not legal in Michigan. I can carry more than one, but they have to be registered to me.

wdlsguy
August 10, 2005, 04:18 PM
Well if she qualified with a revolver she would have an NSA rating on her CHL which actually means she couldn't carry the P-3AT.

Good point.

pete f
August 10, 2005, 05:34 PM
not a problem in Minnesota, although they do recommend that you qual with at least as big as you carry. ie shoot a .45 and carry a 9mm that is good, qual with a 22 and carry a 44 mag not a good idea, but that was only suggestion.

I can not get over this idea that you have to register a gun to your name, that just seems soo intrusive of government to me.

Ringer
August 10, 2005, 09:28 PM
Just to add on to what TennTucker said about Michigan.

If a handgun is registered to my wife not only can I not carry it, I can't even pack it in the trunk and take it to the range :banghead:

beerslurpy
August 10, 2005, 09:33 PM
Did I miss the part where Newton tells us what state he is in?

mnrivrat
August 10, 2005, 09:54 PM
Did I miss the part where Newton tells us what state he is in?

If you did - so did I ! As one can tell real quickly it depends on your state laws .

Minnesota ,as mentioned, would be no problem. There is nothing in our CCW laws that regulate what you carry or how many. Your carry gun is not registored with the state in that sense.

Nothing to regulate what you qualify with either , and at least a percentage use .22 RF pistols . ( if nothing else , because the 30 rounds of .22 LR are a lot cheaper than center fire ammo)

Greg L
August 10, 2005, 10:12 PM
It's fine in Ky.

AZRickD
August 10, 2005, 10:53 PM
Two pet peeves. Thread titles which give no indication what is contained therein, and state law-specific questions when no state is mentioned.

Both often add up to wasted effort.

As well, I'd rather people with such questions just call up the local CCW governing body and ask, or look up their state statutes.

Rick

Newton
August 11, 2005, 12:13 AM
I'm in Arizona - what's scary is that one member figured it out somehow :uhoh:

We aren't restricted to certain specific guns on our CHLs, the question really concerned spouses swapping guns. I doubt there would be an issue, but you can't be too careful an I wondered if anyone had looked into it.

Thanks for the responses.

hifi
August 11, 2005, 12:29 AM
I thought Texas is so wonderful. It's kind of a myth IMO. Plus they got some strange knife/sword laws.. I qualified with a Ruger .22 and I can carry and UZI under my coat..

Plus we don't have to qualify anymore anyways...just take the written test.

Newton, as long as the gun is legally owned by someone, especially immediate family and not reported stolen, it shouldn't be a problem in AZ. Now if you were packing a hot gat...then we start to run into problems..

Azrael256
August 11, 2005, 01:08 AM
Plus they got some strange knife/sword laws We have all sorts of weird laws about non-firearm weapons. I was going to pick up two sets of brass knuckles: One for me, and one for Bro-in-law before he ships off to Iraq. No such luck here in Texas! I can't even have them for a paperweight! Here in the state that claims Jim Bowie, we can't carry a knife over 5 1/2" long, and it can't be a dirk, dagger, tanto, or, you guessed it, a Bowie Knife. Texas also prohibits "chemical dispensing devices," which sounds suspiciously like mace to me. Dunno about that specifically, but it seems a little silly in a place that is supposedly so weapon friendly.

hifi
August 11, 2005, 04:08 AM
"Bush was here"?

:uhoh:

Yea, I know he signed CCW into law, but it is crappy too.

Greg L
August 11, 2005, 07:56 AM
I'm in Arizona - what's scary is that one member figured it out somehow :uhoh:

How did you come up with that conclusion? The only other mention of AZ was from armoredman who was answering the question as it pertained to his state.

Loosen the tin foil a bit, I have it on good authority that they won't be coming for you for at least 6 months :neener: .

Seriously though, this is a good reminder to all that read the thread that local laws vary greatly across the country. Just because you do it one way at home, that doesn't make it correct elsewhere.

dolanp
August 11, 2005, 09:15 AM
Texas also prohibits "chemical dispensing devices," which sounds suspiciously like mace to me. Dunno about that specifically, but it seems a little silly in a place that is supposedly so weapon friendly.

True but this is for something like chemical weapons. It does specifically state that small devices for defensive uses are not part of the definition.

GT
August 11, 2005, 02:03 PM
From one of your previous posts on THR:
The wife is taking her class at the Scottsdale Gun Club
Conclusion: you live in AZ.

I wasn't the one who worked it out, but that is how I would have done it.

:)

G

Newton
August 11, 2005, 04:20 PM
So there is a conspiracy to track me down and GT and Greg L are both in on it :neener:

Thanks for the info guys, I'm off to the store to buy more Reynolds Wrap :p

thumbody
August 12, 2005, 12:03 PM
TennTucker and Ringer there may be a way in MI
From the MCRGO web sight http://www.mcrgo.org/mcrgo/d_ccwfaq2.asp

Q: A former student of mine recently contacted the Attorney General’s office to ask whether he and his wife (each has a valid CCW permit) could legally carry each other’s firearms. Could you please shed some light on this? This question has been asked and addressed on the MCRGO Forums web site but not by an attorney. Perhaps this would be a good question for the MCRGO newsletter.
A: This is a good question that comes up repeatedly. Like most good questions, it does not have an easy answer. The reason a person cannot normally possess a pistol unless it is registered to them is MCL 28.422 which states, “Except as provided in subsection (2), a person shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section.” HOWEVER, MCL 28.422a exempts CPL holders from the requirements of MCL 28.422. The CPL is what lets you have a pistol that is licensed to someone else. Therefore, a person with a CPL may legally have a pistol for which that the person has not personally obtained the license to purchase. But there’s a complication, “safety inspection” is Michigan’s version of registration. MCL 28.429 states, “A person within the state who owns or comes into possession of a pistol shall ... present the pistol for safety inspection.” While MCL 28.429 does not give a time within which the safety inspection must occur, the law would presume a reasonable time. I believe that you could take someone else’s weapon to the range and then return it, but if you intend to use it for any length of time, you should present it for safety inspection. While unusual, I see nothing in the law that forbids more than one ‘safety inspection,’ or successive safety inspections by different people. Probably, the police will refuse to do a safety inspection in a situation like this, because it is unusual. If they do, make a note of the date and officer. Then, you would have a good defense if you were charged with “Failure to Present a Pistol for Safety Inspection

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