What you've written describes an illegal interstate transfer of a firearm between residents of different states (a federal crime by both).So my brother does not have any firearm for SD. With things getting so crazy I was thinking of "storing" one of my SGs at his home for my use when I visit. Is this legal? Is there any difference between doing this with a C&R vs non C&R?
Well no..
I'd "gift" the gun to him through a FFL, as long as, when you are there, no laws require you to also undergo the normal transfer requirements to possess it again, even temporarily.
So my brother does not have any firearm for SD. With things getting so crazy I was thinking of "storing" one of my SGs at his home for my use when I visit. Is this legal? Is there any difference between doing this with a C&R vs non C&R?
18 U.S.C. 922. Unlawful acts
(a) It shall be unlawful—
...
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
(A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and
(C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
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(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;
....
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
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(3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph
(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
...
And absolutely there are laws that apply to the OP getting the gun back from his brother....it's another transfer requiring shipment to an FFL, 4473/NICS.
I'd "gift" the gun to him through a FFL, as long as, when you are there, no laws require you to also undergo the normal transfer requirements to possess it again, even temporarily.
Sure, but giving your firearm to him on an indefinite loan so he has a means to protect his home, then leaving and going back to your state? Does that count as a “temporary loan for sporting purposes”? I’m no lawyer, but I highly doubt it.I wasn't talking about "getting the gun back." I was talking about "possessing it", such as for "temporary sporting purposes."
The "temporary loan" means exactly that....you can let someone use your gun while you are in the same state. If you hand the gun to someone, leave the state...thats an illegal transfer of a firearm.I wasn't talking about "getting the gun back." I was talking about "possessing it", such as for "temporary sporting purposes." As I indicated, it can depend on the state, but I'm pretty sure that Federal law does allow for the brief and temporary loaning of a firearm to another person who is not a resident of the state in which the loaning takes place for such purposes. If that has changed at the Federal level, I missed it.
ETA: Frank has mentioned above that Federal law does indeed still allow for such "temporary" transfer. No "4473/NICS" is required. State law, of course, may vary.
The "temporary loan" means exactly that....you can let someone use your gun while you are in the same state. If
But hey, it's only a felony for each of you. No big deal.
I'd "gift" the gun to him through a FFL, as long as, when you are there, no laws require you to also undergo the normal transfer requirements to possess it again, even temporarily.
If you hand the gun to someone, leave the state...thats an illegal transfer of a firearm.
Sure, but giving your firearm to him on an indefinite loan so he has a means to protect his home, then leaving and going back to your state? Does that count as a “temporary loan for sporting purposes”? I’m no lawyer, but I highly doubt it.
I'd "gift" the gun to him through a FFL, as long as, when you are there, no laws require you to also undergo the normal transfer requirements to possess it again, even temporarily.
For legitimate purposes...should he r
...You're not the only one to misunderstand post three, though you interpreted it differently than the other member who did....
The simplest solution to this is just to have the brother buy a cheap shotgun locally.
This is a public forum. I wouldn’t recommend openly admitting that you and your brother have committed many felonies over the last 20 years.My brother lives in Montana and I live in Arizona and we have transferred several firearms back and forth between us over the last 20 years or so. All were long guns except for a handgun that was out fathers that I got when he passed away. These were either transferred as airline luggage or in a vehicle going back and forth between out respective residences. Right now there are two of Varmint rifles in his safe ready for me should I decide to do some Prairie Dog shooting while visiting.
No felonies committed here just free men living in free states. Face to face firearm transactions are still legal.This is a public forum. I wouldn’t recommend openly admitting that you and your brother have committed many felonies over the last 20 years.
Did you read any of this thread? Private face-to-face transfers between residents of two different states have been illegal on the federal level since 1968.No felonies committed here just free men living in free states. Face to face firearm transactions are still legal.
No felonies committed here just free men living in free states. Face to face firearm transactions are still legal.
No felonies committed here just free men living in free states. Face to face firearm transactions are still legal.
They aren’t legal between residents of different states. You and your brother are one phone call away from prison terms and a lifetime loss of firearms rights. I hope you or he don’t make anyone angry who knows about your history of felonies.No felonies committed here just free men living in free states. Face to face firearm transactions are still legal.