Court Says Lending Weapon Not Covered by Gun Law

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gunsmith

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ANNAPOLIS, Md. - Marylanders can lend a gun to a friend without going through the seven-day waiting period and background check required by state law before guns can be transferred or sold to a new owner, according to a ruling by the state's highest court.

The Court of Appeals, in a 4-3 decision, said lending a gun to another person does not constitute "transfer" of a weapon and therefore is not covered by the gun control law dealing with the waiting period and police background checks of potential buyers.

The ruling came in an appeal filed by a D.C. police officer who had lent a handgun to a friend. The friend's guns had been confiscated by police because he had a Glock pistol in his car but did not have a permit to carry it.

The officer was convicted in 2003 of illegally transferring a regulated firearm and was fined $200.

The Court of Special Appeals had upheld the conviction, but the majority of the state's highest court disagreed and overturned the conviction.

(Copyright 2006 by The Associated Press. All Rights Reserved.)
 
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