hadmanysons
Member
My friend just moved into his apartment and his personal gun in a couple of states away. Is it legal to let him "borrow" a gun of mine for personal defense? Could I be held responsible if he shoots someone?
Borrowing a gun?
- Thread starter hadmanysons
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Hoxviii
Member
Sell it to him, make up a bill of sale, both of you sign it. When his gets there, he sells yours back to you.
That covers your tail regardless.
That covers your tail regardless.
hadmanysons
Member
Arkansas is the state. And I like thingster's idea.
rbernie
Contributing Member
Selling a handgun to a resident of another state requires an FFL transfer. Loaning it is perfectly legal.
From http://www.atf.gov/firearms/faq/faq2.htm#b1
From http://www.atf.gov/firearms/faq/faq2.htm#b1
It's legal in Ohio but personally I would not let anyone borrow a gun for any reason.
Example:
A neighbor lady down the street from me was being sexually harassed by one of her bosses where she worked. After she left the job he kept sending her letters, text messages and phone calls. She was scared to death and did file a report to the police. Because of cutbacks in the PD response times would be extremely long or non-existent. She wanted to borrow one of my guns to protect herself. She had shot one before but was a long time ago. She also has 2 kids in middle school. No, I would not loan her a gun. What I did do was give her a "Black Cat" and showed her how to use it.
hadmanysons
Member
He's shot THIS gun recently and is a better shot than I.
Hungry Seagull
member
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Well, Sounds like two guns need to either find thier way back to thier rightful owners or you both need to do a FFL Transfer form of both guns to each other.
Suppose he used your gun here in Arkansas? That serial number will trace back to YOU. You need to be ready to tell LEO's in your state or in Arkansas why your gun is several states away.
Did I understand you correct?
Suppose he used your gun here in Arkansas? That serial number will trace back to YOU. You need to be ready to tell LEO's in your state or in Arkansas why your gun is several states away.
Did I understand you correct?
NavyLCDR
member
Yes, it is perfectly legal for you to let him borrow the gun. The ONLY way that you could be responsible for his use of the gun is if you knew or had reasonable cause to believe that he was prohibited from possessing the gun or that you knew or had reasonable cause to believe that he was going to use that gun for unlawful purposes.
The serial number tracing back to you does not matter, because you could easily have sold him the gun in a private sale and there would be no background check or 4473 on file at an FFL and the private sale may have been perfectly legal.
It is legal to loan a gun to an out of state resident. What is illegal is for that person to take that firearm that is loaned to them and return to their home state with it.
The serial number tracing back to you does not matter, because you could easily have sold him the gun in a private sale and there would be no background check or 4473 on file at an FFL and the private sale may have been perfectly legal.
It is legal to loan a gun to an out of state resident. What is illegal is for that person to take that firearm that is loaned to them and return to their home state with it.
Tom S.
Member
Be very careful of web-based legal advice! After all, no one here will come to your rescue if you inadvertently break a law.
With regard to firearms, especially handguns, you need to know the state laws as well as the Federal laws. Also bear in mind that in many cases, Federal do not supersede state regulations. For example, in any state requiring registration of a handgun, it may not be legal to loan the handgun to another person - or borrow one from another person. I can only speak for Michigan, but here, I can not legally borrow or lend a handgun to another person.
With regard to firearms, especially handguns, you need to know the state laws as well as the Federal laws. Also bear in mind that in many cases, Federal do not supersede state regulations. For example, in any state requiring registration of a handgun, it may not be legal to loan the handgun to another person - or borrow one from another person. I can only speak for Michigan, but here, I can not legally borrow or lend a handgun to another person.
Hungry Seagull
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I agree with the web based advice.
My thoughts are strictly my own, and are also driven by a bit of curiosity as to why you and your gun would be seperated by a number of states. Oh well.
Whatever you do, be careful ok? Some states will have you saying "But officer..." while the click of the handcuffs.
My thoughts are strictly my own, and are also driven by a bit of curiosity as to why you and your gun would be seperated by a number of states. Oh well.
Whatever you do, be careful ok? Some states will have you saying "But officer..." while the click of the handcuffs.
hadmanysons
Member
What? Holy game of telephone batman. I appreciate all the advice and will look more deeply into the state laws.
Now, i'm not sure where this got confused, but there is only one gun in question here, not two and there is no reason why he would take it out of state.
Now, i'm not sure where this got confused, but there is only one gun in question here, not two and there is no reason why he would take it out of state.
jester_s1
Member
Note that the regulation quoted above says, "lawful sporting purposes." Self-defense is not a sporting purpose. I'd say you're asking for trouble in loaning him a gun.
chris in va
Member
Just sell it to him for $1 and do the FFL transfer. You may never see the gun again (happens a lot) so just let it go.
NavyLCDR
member
Or sell him the gun for $1 and don't do the FFL transfer. Between two residents of Arkansas both sales are just as legal and legally binding.
rbernie
Contributing Member
What an astounding notion!
Do you have a bona fide legal cite for this or some written opinion from the F Troop, or did you just sorta make this up?
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