Is It Legal To Loan Gun To Someone In State?

[HGM22]

A recent thread here got me wondering: is it legal to loan a gun to someone from the same state as oneself (who is not prohibited from possessing said gun)?

Does the WHY of it matter? For example, is it legal to store firearms temporarily at someone else's property due to lack of storage space?

 

[HisStigness]

Yes to both, if you live in a free state.

 

[Theohazard]

I'm not a lawyer and I'm no expert in firearms law, but considering it's (federally) legal to permanently transfer a firearm to someone who is a resident of your state just by handing it to him (so long as that transfer happens inside your state's lines and all persons involved can legally possess firearms), it seems to me that the distinction between a temporary loan and a permanent transfer wouldn't be an issue in most cases.

But, like most of the issues brought up in the Legal forum, I'm curious to see what the lawyers here have to say about this question.

 

[Frank Ettin]

...is it legal to loan a gun to someone from the same state as oneself (who is not prohibited from possessing said gun)?...

Maybe and maybe not. It depends on the law of the State and the exact circumstances.

For example, in California one may only loan a gun to someone known to him, and the loan may not be for more than 30 days -- at least without going through an FFL to do a documented transfer complete with a background check. And different rules apply to FFLs running ranges with regard to renting guns to be used at the range.

Washington State and Oregon recently adopted laws requiring background checks on almost all intrastate transfers. There might or might not be various exceptions for certain short term loans under some circumstances. The only way to know would be to carefully review applicable state law.

A number of other States also have various restrictions on intrastate transfers, and those rules might affect loans of firearms. Pennsylvania, for example, requires that intrastate transfers of handguns go through an FFL, but the actual laws will been to be reviewed to decide whether or when that requirement might apply to a loan.

So the only way to really answer that the OP's question is State-by-State doing the necessary research.

....considering it's (federally) legal to permanently transfer a firearm to someone who is a resident of your state just by handing it to him (so long as that transfer happens inside your state's lines and all persons involved can legally possess firearms), it seems to me that the distinction between a temporary loan and a permanent transfer wouldn't be an issue in most cases....

But federal law in general won't be the issue. The issue will be state law, and, as alluded to above, there's pretty wide variation.

When dealing with legal issues making assumptions or taking things for granted is a lousy idea. There's no substitute for doing the research.

 

[Spats McGee]

As noted, it's a matter of State law. There could (at least in theory) be a variety of factors coming into play, such as the relationship between the loaner and the borrower (e.g. father and son vs. friends), the kind of gun (long gun vs. handgun), etc., or the reason for the loan (similar to the "temporary sporting purpose" under federal law).

Without knowing which State we're talking about, we can't answer any of those questions.

 

[blahpony]

I have a friend that has a couple of small children. He didn't have a good way of storing a shotgun and AR. I kept them at my house in my cabinet for him. When he got a secure way of storing them away from little fingers, he took the guns back. I kept his guns safe, literally, "for the children".

The best part is when he would come over he would bring beer for "gun rent".

 

[phil dirt]

Not in Washington State. The goofy Seattle leftists, with the help of Michael "Nanny" Bloomberg and Seattle's local rich, fat cats, Paul Allen, Bill Gates and Nick Hanauer, spent millions to push through the 18 page Initiative I-594. One of it's ill advised provisions makes it illegal to loan a gun to anybody. If you value your gun rights, be advised that Washington State, with gun laws like I-594, is starting to lose its status as a "free state."

 

[Deanimator]

A recent thread here got me wondering: is it legal to loan a gun to someone from the same state as oneself (who is not prohibited from possessing said gun)?

Does the WHY of it matter? For example, is it legal to store firearms temporarily at someone else's property due to lack of storage space?

Purely a state or local matter.

100% legal in Ohio.

 

[mjsdwash]

not here in washington, and the court has declined to hear an argument against it, until a prosecution... the prosecutors dont want to prosecute because they're worried about a court reversal. Our law is so vague you cant seem to even have a gun unless you live alone, and have no visitors, unless you lock them up. (our law was written by a anti gun corporation, not the legislature)

 

[Theohazard]

....considering it's (federally) legal to permanently transfer a firearm to someone who is a resident of your state just by handing it to him (so long as that transfer happens inside your state's lines and all persons involved can legally possess firearms), it seems to me that the distinction between a temporary loan and a permanent transfer wouldn't be an issue in most cases....

But federal law in general won't be the issue. The issue will be state law, and, as alluded to above, there's pretty wide variation.

When dealing with legal issues making assumptions or taking things for granted is a lousy idea. There's no substitute for doing the research.

I should have made it more clear that I was specifically referring to federal law; it appeared that the OP was alluding to another recent thread that addressed federal laws regarding interstate transfers and interstate loans. And he also didn't mention what state he lives in and he doesn't list it his bio, so it's difficult to address this on his state level.

I suppose I should rephrase my previous post as a question: Considering federal law allows in-state transfers between individual residents of that state, does that mean that federal law doesn't even address in-state loans between individual residents of that state?

Of course, state laws vary widely. For example, it appears to be illegal to loan a firearm to someone in here in WA state for even a moment except for in a few specific circumstances, though the law isn't very well written so it's hard to tell.

 

[Ks5shooter]

In NJ the person borrowing the firearm must posses a firearms ID card. The card in NJ is to purchase AND posses long guns.
Pistols must be accompanied by a permit for each individual gun and only possessed by the person who's name is on the permit.

People's republic of NJ :banghead:

 

[Frank Ettin]

I have a friend that has a couple of small children. He didn't have a good way of storing a shotgun and AR. I kept them at my house in my cabinet for him....

Just because you did it doesn't make it legal. The question concerns legality.

...100% legal in Ohio.

How do you know? Your opinion on a matter of law is worthless unless you can back it up with reference to applicable law.

...Considering federal law allows in-state transfers between individual residents of that state, does that mean that federal law doesn't even address in-state loans between individual residents of that state?...

Not necessarily. Federal law regarding persons disqualified from possessing a gun or ammunition, for example, would still apply. So would the NFA with regard to classes of weapons or devices subject to it.

One needs to be careful about broad, categorical statements.

 

[Old Fuff]

It would be helpful if those asking about legal situations would also include the name of the state they reside in, what (if any) large urban city, and any other states/cities that might be applicable regarding the question.

For example, I live in Arizona where the question under discussion wouldn't present a problem. New York City would be entirely different.

 

[blahpony]

Just because you did it doesn't make it legal. The question concerns legality.

Just because I did it doesn't make it illegal.

VA has no registration and private sales/transfers between non-prohibited people are perfectly legal.

The original question was pretty vague as far as location was concerned. I didn't list my state in the post as it's already in my profile.

 

[pbearperry]

In Massachusetts a licensed person can loan another licensed person a firearm.

 

[bearcreek]

J
How do you know? Your opinion on a matter of law is worthless unless you can back it up with reference to applicable law.

In Ohio it's legal because there's no law saying it's illegal. There's no "applicable law" to "back it up". I've had people ask me the same question about open carry here. The absence of a law prohibiting the action by default permits the action.

 

[Frank Ettin]

Just because you did it doesn't make it legal. The question concerns legality.

Just because I did it doesn't make it illegal.

VA has no registration and private sales/transfers between non-prohibited people are perfectly legal.

The original question was pretty vague as far as location was concerned. I didn't list my state in the post as it's already in my profile.

Okay, let me make this clear. If the question is whether or not something is legal, no one cares that you've done it. The fact that you might have done something is completely irrelevant to whether or not it's legal.

It's not about what you've done. It's about what the law is. You need to tell us about the law. And preferably you need to cite the law so that we can verify your view of it.

So if you think the law in your State freely permits transfers of firearms between non-prohibited persons without formalities, you really ought to tell us why you think that.

 

[Frank Ettin]

J
How do you know? Your opinion on a matter of law is worthless unless you can back it up with reference to applicable law.

In Ohio it's legal because there's no law saying it's illegal. There's no "applicable law" to "back it up". I've had people ask me the same question about open carry here. The absence of a law prohibiting the action by default permits the action.

The way you can back-up an opinion under those circumstances is to point us to some authoritative reference or index of the state laws generally addressing the matter.

So for example, with respect to Ohio, one could supply one or all of these links:

• Ohio Gun and CCW Laws | Buckeye Firearms Association
  
  
• Ohio Gun Lawyer
  
  
• NRA-ILA State Gun Laws -- Ohio
  
  
• Wikipedia -- Gun Laws in Ohio

 

[blahpony]

VA doesn't have laws that tell you what you can do, they have laws telling what you can not do. Since there is no law against private sales/transfers, they are not against the law. I can't cite a statute that doesn't exist.

The closest thing I can cite is the FAQ from the VA State Police site.

The site: http://www.vsp.state.va.us/Firearms.shtm#FAQ

The relevant question:

What are the laws concerning the private sale of a handgun?
To privately sell a firearm, it is recommended that you safeguard information pertaining to the transaction such as the date the firearm was sold, the complete name and address of the buyer, and the make, model, and serial number of the firearm. The seller and buyer of a handgun must be a resident of the state in which the transfer occurs. Should the firearm ever be located at a crime scene, trace of the firearm will determine the licensed dealer who last sold the firearm and will identify the last buyer of the firearm. To have your name removed from this process, you may consider placing your firearm on consignment with a licensed dealer. This will also ensure that the firearm is transferred only to a lawfully eligible individual.

 

[yugorpk]

Is It Legal To Loan Gun To Someone In State?


Not in my state. That would be a transfer and transfers are bad !

 

[Speedo66]

In NY, it would be legal to loan a long gun, but a handgun cannot be touched by anyone but the permitted owner. Not saying it doesn't happen at ranges, but not legally permitted.

Handguns are listed by manufacturer, caliber and ser. # on the back of the handgun license.

 

[Frank Ettin]

In NY, it would be legal to loan a long gun...

Again, how do you know? What's your source for this information? What you think you heard or read somewhere?

And what about New York City? And what about rifles considered "assault weapons" under New York law?

 

[au_prospector]

This is turning into some sort of contest?

 

[Frank Ettin]

This is turning into some sort of contest?

How is this turning into some sort of contest?

See the THR Legal Forum Guidelines:

...Comments and opinions should be based on legal principles and supported where appropriate with reference to legal authority, including court decisions, statutes and scholarly articles....

Bad information on matters of law can get people into a lot of trouble. If you tell us that something is legal, you owe us the respect of telling us how you know that and/or why you think that. We get to know the bases for your opinons so that we can decide if there's any reason to pay attention to you.

 

[blarby]

This is turning into some sort of contest?

Not so much a contest, as a directed rebuttal of nonsense.

Why ?

Note: The Legal Forum is for the discussion of the law as it is and how the law actually applies in RKBA matters, not the way we think things should be or the way we wish they were. Comments and opinions should be based on legal principles and supported where appropriate with reference to legal authority, including court decisions, statutes and scholarly articles. Comments based on wishful thinking may be openly refuted or simply deleted by the staff.

Thats why.


Wishful thinking gets people into real jail.

Constitutional arguments often fall into the same fallacy trap: Just because that's how you think it works doesn't make it so...and unless you were recently appointed to fill Scalias seat, no one cares about your opinion on how it actually works.

OP ( HGM22) : What state in which do you reside, so that we may better answer your question?