Lending a gun to my daughter (across state lines)

[DP03]

I am visiting my daughter in CO (I live in MD) in a few days. I am bringing firearms to target shoot with her, one of our favorite activities together. I have traveled with firearms many times on airlines, so I know that routine.

My question is, if I decide to let her temporarily keep one of the pistols to see if she really likes it, are there legal implications to lending a firearm to a direct relative seeing that it will be in a different state? She is very responsible, so my main concern is that if the gun got stolen or in the wrong hands, would something come back to bite me? I don't think this factors in, but I have a CCW in the states I will be in (CO and NM).

Thanks for any input!

 

[Sam1911]

I don't see how this is lawful. What you're talking about is a transfer of a firearm between non-licensees. (Neither of you are FFL dealers.)

Frank once wrote this:

Here's the special wrinkle with loans of a gun:

See 18 USC 922(a)(5) (as quoted in full above) which provides in pertinent part as follows (emphasis added):

(a) It shall be unlawful—

...

(5) for any person ... to transfer, sell, trade, give, transport, or deliver any firearm to any person ...who the transferor knows or has reasonable cause to believe does not reside 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 ..., and

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

..

You may go to another State where (under 18 USC 922(a)(5)) a friend may loan you a gun to, for example, go target shooting together, or an outfitter may rent you a gun for a guided hunt. But if you were to take the gun back to your home State with you, you would be violating 18 USC 922(a)(3), which has no "loan" exception, thus becoming eligible for five years in federal prison and a lifetime loss of gun rights. Since there is no loan" exception in 18 USC 922(a)(3), a loan of a firearm may not cross state lines to the borrower's State of residence.

Further...

18 USC 922(a)(5) prohibits a resident of one State from transferring, selling, trading, giving, transporting, or delivering any firearm to any person who the transferor knows or has reasonable cause to believe lives in another State. But the statute makes an exception for a temporary loan or rental of a gun for a lawful sporting purpose. So if your buddy is visiting you from another State, you may loan him a gun so he can go target shooting or hunting with. Or an outfitter may rent a gun to a client from another State to participate in a guided hunt.

But 18 USC 922(a)(3) prohibits any person from transporting into or receiving in the State where he lives a gun bought or otherwise obtained in another State. There's no exception here for a loan.

So for example, you can loan your buddy visiting here from another State a gun, but he can't take it home with him (nor could you ship a gun to him in his home State "on loan"). Your letting him take the loaned gun home to another State, or you making an interstate loan, would violate 18 USC 922(a)(3).

You can certainly let her borrow it while you're there, for "sporting" purposes, but I wouldn't leave it with her when you go home.

 

[DP03]

I don't see how this is lawful. What you're talking about is a transfer of a firearm between non-licensees. (Neither of you are FFL dealers.)

Frank once wrote this:



Further...



You can certainly let her borrow it while you're there, for "sporting" purposes, but I wouldn't leave it with her when you go home.

Ok thank you. I appreciate your input.

 

[Frank Ettin]

The OP has the right answer.

He could consider transferring the gun to his daughter at a local FFL. He could then legally leave it behind.

If she wants to return it to her father, however, she would have to do so through an FFL in Maryland. She could legally bring it or ship it.

Doing things "by the book" will add costs, I'm afraid.