Interstate gun loan redux

[Elkins45]

I thought about asking to have the most recent gun loan thread reopened because this question fits, but maybe having it stand alone makes sense.

I loaned a gun to a very good friend about 20 years ago. No money changed hands, I just thought he might enjoy having it. Some years later he moved to another state, Maryland to be exact.

Let's just say for the sake of discussion I go visit him in MD and he hands me my gun and says, "Here's your gun back." Everything I have read leads me to believe this constitutes a transfer under the law and that he would have to go through a FFL to give it back to me, even though technically I have always been the owner. It was a normal, legal private party transfer when I loaned it to him, but when he moved he threw a monkey wrench into the idea of it just being a simple loan.

Correct?

 

[dogtown tom]

Elkins45 ....Let's just say for the sake of discussion I go visit him in MD and he hands me my gun and says, "Here's your gun back." Everything I have read leads me to believe this constitutes a transfer under the law and that he would have to go through a FFL to give it back to me, even though technically I have always been the owner. It was a normal, legal private party transfer when I loaned it to him, but when he moved he threw a monkey wrench into the idea of it just being a simple loan.

Correct, it was a transfer of possession way back when and would be again. The problem this time is you are not a resident of his state. To comply with Federal law a licensed dealer in his state can transfer a rifle or shotgun to you, but any firearm other than a rifle or shotgun would require shipping to a dealer in your state of residence.

Who actually "owns" the gun doesn't matter, who has possession does.

 

[X-Rap]

This should be of great concern to those who are in the military and those that may be watching after some of their possessions. Same could be said for students, work or any number of situations.
I have a feeling there are many good people who are felons because of situations like that described by the OP.

Sent from my XT1254 using Tapatalk

 

[Frank Ettin]

Loan, sale, gift, etc., it doesn't matter how or on what terms he gained possession of the gun; it was a transfer. Fortunately for both of you, when he did acquire possession of the gun you were both residents of the same State; and it was a State that doesn't require any formalities for a private transfer.

Now you both want the gun to come into your possession. Again, it doesn't matter whether you would be acquiring possession by way of a loan return, gift or sale; it is still a transfer. But now since you are residents of different States, in order to comply with federal law the transfer must go through an FFL as described by dogtown tom.

This should be of great concern to those....

Thsi should be of concern to a lot of people. It should also be a matter of concern since the federal law has been in effect for over 45 years, and yet a great many people don't understand it.

In any case, it's been discussed multiple times at length here and on other boards.

The OP has the correct answer, so there's no need for further discussion.