Discussion in 'Legal' started by Blarelli, Sep 30, 2010.
OK.... back to my original answer:
You can loan your sister either gun. If your sister is a same-state resident as you, you could sell or give her either gun (in Utah). I would recommend the pistol, AFTER you teach her how to use it AND she demonstrates safe handling and ability at a gun range. Less likely there will be collateral damage with the pistol.
IF your aunt was ever INVOLUNTARILY committed to a mental institution, she is a prohibited person. It would not do any good to loan a firearm to your sister living with your aunt because she would have to keep the gun locked up so that your aunt could not gain access to the gun. This would prevent it's effective use in a self defense situation anyway.
All the legalities aside, I would very carefully consider loaning your sister a gun.
Not strictly accurate. No requirement for it to be "Locked up", the prohibited person simply cannot possess it, either actually or constructively. Carry on the sister's person, for example.
Also, be aware of vicarious liability.
That's true. It would be illegal, however, for the sister to keep it in her purse and then leave the purse unattended in the house (which would not be on her person.)
Is that a trick question? The person in possession and the person it's registered to are responsible for having the gun secured.
No, it would be illegal for the prohibited person to have access (constructive possession) to the firearm. In the above situation, no crime committed by the sister. Not smart, but not illegal.
The prohibited person is the responsible party.
Depends on how much you like her and enjoy having around, but yes, it is perfectly legal for you to do so.
AFAIK, Utah does not have gun registration.
The real world (regarding guns) is not like it seems on TV.
In the free states, after the first sale, guns are treated pretty much as commodities like a toaster or fridge, with the exception that you don't give/trade/loan/sell to prohibited persons (which is a federal law).
Yes, except for when the person has been adjudicated mentally defective, ie- incapable of taking responsibility. At that point, the persons who have been given responsibility to care for the person, in this case the sister and father, become (or remain) the responsible parties.
Keep her safe.
Give her the gun.
Interesed I found this on google
Clarification of prohibited persons
The older Gun Control Act of 1968 prohibits firearms ownership in the US by certain broad categories of individuals thought to pose a threat to public safety. However, this list differed between the US House of Representatives and the US Senate versions of the bill, and led to great confusion. This list was later augmented, modified, and clarified in the Firearm Owners Protection Act of 1986. The 1986 list is:
Anyone who has been convicted in any court of, a felony punishable by imprisonment for a term exceeding one year, excluding those crimes punishable by imprisonment related to the regulation of business practices.
Anyone who is a fugitive from justice.
Anyone who is an unlawful user of or addicted to any controlled substance.
Anyone who has been adjudicated as a mental defective or has been committed to a mental institution.
Any alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa. The exception is if the nonimmigrant is in possession of a valid hunting license issued by a US state.
Anyone who has been discharged from the Armed Forces under dishonorable conditions.
Anyone who, having been a citizen of the United States, has renounced his or her citizenship.
Anyone that is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner. (Added in 1996, with the Lautenberg Amendment.)
Anyone who has been convicted of a misdemeanor crime of domestic violence. (Added in 1996, with the Lautenberg Amendment)
A person who is under indictment or information for a crime (misdemeanor) punishable by imprisonment for a term exceeding two years cannot lawfully receive a firearm. Such person may continue to lawfully possess firearms obtained prior to the indictment or information, and if cleared or acquitted can receive firearms without restriction
At the expense of other family members who may get a felony conviction for being a prohibited person in possession of a firearm? The police have already been involved in this house. If they return for some reason and find the gun and the aunt together in the house, there is going to be problems if they find out the aunt was adjudicated as a mental defective.
Not as handy as under a pillow, etc, but a lot quicker than in a regular safe with a trigger lock.
B. Does she have a mind-set that would allow her to pop a cap on someone in her home without a moments hesitation?
C. Or, would she rather keep backing up and pleading with the BG until he took the gun away from her and used it on everyone in the house?
If you answered No, No, Yes to those three questions, she would be better off with an industrial-sized can of pepper Bear spray.
And so would the Aunty on meds!
I haven't seen any mention of a guard dog. A companion for Auntie and protection rolled up in one four legged package. In addition get an alarm system with pendant activation.
Provided that it is practical to care for the animal, there is adequate room, no one's allergic, etc, that may actually be a good idea.
Legality of Loaning.
Title 18 USCS 922 (a)(5)(B): Title 18 USCS 922(b)(2)(B) is the law
27 CFR 478.30(b); 27 CFR 478.97: 27 CFR 478.99 (a)(2) are the regulations implementing the law
Separate names with a comma.