Giving a gun away

[Gouranga]

OK, Please forgive the newb type of question here. Despite reading plenty of regs, I am greatly deficient it seems in finding what I need in them.

I have an Aunt who is moving to a very unsafe area in SC. I live in NC. We are about 15 minutes away from each other. In SC, a resident can buy a gun without any type of permit. In NC you cannot. She has a completely empty criminal background (as in she does not have any disqualifications to owning a handgun). I would like to give her my KelTec P11 to keep in her new home for protection as long as she needs it.

Is there a way this can be legally done? Can I just leave it with her without any paperwork? Like I said this is not a sale. No money changing hands, I simply want this woman to be safe in this home. She recently left her husband (my Uncle), and there is a little bit of concern there for me as well.

 

[Yarddog]

Lone it to her for as long as she is going to be living in a bad area ; ) PS A Shoty would be nice also.
Y/D


Check Laws of Your state if you can sell a gun Face to Face To Qualified person my advice is
worth as much as you paid for it ; ) GOOD LUCK

 

[nalioth]

I have an Aunt who is moving to a very unsafe area in SC.

That's unfortunate, but what we need to know to give you a better answer is "Where does she live now?"

To "lone" a gun to a resident of another state is just as illegal as selling it to them.

 

[TexasRifleman]

Is there a way this can be legally done? Can I just leave it with her without any paperwork?

If you are both residents of the same state just give it to her (assuming no state laws in the way). If different states you will need to transfer through an FFL. Still doesn't have to be any money change hands, but the transfer across state lines needs to be through a dealer.

 

[Gouranga]

Thanks for the replies guys. She is a resident of SC and I of NC so we are definitely in a different state as far as residency goes.

 

[Sauer Grapes]

If I were you I'd check with an FFL and find out what the law is in both states. If you give her the pistol and she uses it to defend herself, that gun will be traced back to you I would think.
That could really put you in some hot water if not done properly.

 

[natman]

It has to be done via an FFL. One in her state will be easier. Call around and ask for the transfer fee for a transfer at the FFL's store.

 

[nalioth]

If you give her the pistol and she uses it to defend herself, that gun will be traced back to you I would think.

Only on television.

 

[TexasRifleman]

Only on television.

Oh I dunno about that.

LE: Where did you get the gun?

Aunt: My nephew brought it to me.

LE: Where does he live?

Aunt: NC

LE: Hmm, what's his name?

 

[wishin]

Yet another federal law that makes no sense. However, there's no legal way of getting around it. Go through an FFL.

 

[NavyLCDR]

To "lone" a gun to a resident of another state is just as illegal as selling it to them.

Assuming we are talking about the loaning of a firearm and not a lone firearm:

18 USC 922 (a)(5):

http://www.law.cornell.edu/uscode/718/usc_sec_18_00000922----000-.html

(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

That said, can you please explain what exception (B) means to the interstate transfer of a firearm prohibition, if indeed a loan of a firearm IS just as illegal as a sale?

 

[TexasRifleman]

hat said, can you please explain what exception (B) means to the interstate transfer of a firearm prohibition, if indeed a loan of a firearm IS just as illegal as a sale?

I have always taken it to mean that the loan remained in the state where the firearm originated. It also says "temporary use". That term is not defined.

Say he loans the gun to his aunt, and 2 years later she uses it in self defense. That will come out, and explaining that 2 years is "temporary use for a lawful sporting purpose" might be difficult in this particular circumstance

I agree that a loan to a resident of another state is not always illegal, but I don't think it will work here.

 

[brboyer]

I have always taken it to mean that the loan remained in the state where the firearm originated. It also says "temporary use". That term is not defined.

Say he loans the gun to his aunt, and 2 years later she uses it in self defense. That will come out, and explaining that 2 years is "temporary use for a lawful sporting purpose" might be difficult in this particular circumstance

I agree that a loan to a resident of another state is not always illegal, but I don't think it will work here.

Yep.


(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except . . .

Which means you can loan a gun to someone that comes into your state, but not the other way around.

 

[NavyLCDR]

So, I have land in Wyoming and my buddy comes from Washington to hunt on my land, he can't bring a second gun with him for me to hunt with too? Except I am hijacking the thread... sorry.

 

[TexasRifleman]

So, I have land in Wyoming and my buddy comes from Washington to hunt on my land, he can't bring a second gun with him for me to hunt with too?

Sure he can, but he can't leave it with you when he goes home can he? I think the hangup is what the definition of a "transfer" is. Is a loan on a hunting trip a "transfer"?

 

[nalioth]

If you give her the pistol and she uses it to defend herself, that gun will be traced back to you I would think.

Only on television.

Oh I dunno about that.

LE: Where did you get the gun?

Aunt: My nephew brought it to me.

LE: Where does he live?

Aunt: NC

LE: Hmm, what's his name?

"Will" denotes absolute certainty.

Everyone knows the only things in life that are certain are death and taxes.

Only on TV do they trace the gun back to the factory each and every time.