Loaning a gun

Ruger100 · 10-31-2009, 02:50 PM

A buddy of mine is taking a trip out of state and would like to take a gun along. He has his CCW but can't afford a gun right now. Could I legally loan him one of mine for the trip and if so, would there be any liability on my part?

K75RT · 10-31-2009, 02:59 PM

Gun laws are so varied from state to state I'm sure it depends where he is going, how he is going ie driving, train, flying...In my state it is illegal to give a firearm with out doing a transfer through the Dept. of Public Safety.

Ruger100 · 10-31-2009, 03:05 PM

Good points, I should have provided more information. He will be driving from Florida to Alabama and all states he's driving through are reciprocating states.

TXplt · 10-31-2009, 04:23 PM

As long as you know him to be of legal age and NOT otherwise disqualified to own the firearm you are usually OK to loan it to him. Some states have other laws, but in FL (or most of the "sane" firearms laws states) you should be fine.

If you are loaning a handgun you are still OK as long as you are both residents of the same state. If you are a resident of FL and he is a resident of another state, there might be a problem (you might want to check out the ATF website to be sure), but from what I believe you can loan a non-resident a firearm for "temporary sporting use." I don't think "temporary sporting use" would have any restrictions of crossing state lines--especially the states you mentioned--but I am not sure.

If he transits other states with your firearm this also shouldn't be a problem from what I understand (as long as you were residents of the same state to begin with). If he commits a crime, has to use the gun for self-defense, or makes a mistake with YOUR gun, the worst that could happen (assuming all the stuff preceeding this was true--legally qualified to possess the gun in the first place, etc.) I believe is that people might ask you questions of how he got the gun to begin with--you've committed no crime in lending it any more than you would have for a private sale (which again in most "sane" states requires NO paperwork and only the aforementioned stuff--residents and not legally barred from firearms ownership from the sellers' best knowledge).

For civil liability, since anyone can be sued for anything anytime, I guess you could be sued if your gun were negligently or defensively used by someone else (just like if a friend borrowed your car and ran over someone) -- but people can be frivolously lawsuitted for almost anything these days and it's really not worth worrying about. You could probably be sued by a burglar who stole a gun out of your car (or for that matter stole your car with loose lugnuts because you were still working on it) and then accidentally shot himself with it (or wrecked the loose nuts car). I doubt any of these would be successful, but you might wind up in court if your friend has to use your gun for self defense (but it is unlikely anyone would get any money out of you).

Hope that helps and good luck. Again, you might want to go to the ATF website just to verify the preceeding is still accurate.

EDIT: Here is a link to the ATF FAQ's. If you scroll up a little bit and look under overall under section "B" I think it pretty much describes what I previously posted and goes through a few scenarios. I would caution your friend about transporting a firearm if he does happen to go thru any of the "gun hostile" states (IL, NY, etc.) -- but the Universal Federal Transport rules should apply if this happens (available from the second link).

http://www.atf.gov/firearms/faq/faq2.htm#b12

http://www.handgunlaw.us/

Cheers

Pothole · 10-31-2009, 04:27 PM

you could also sell it to him for a dollar, as long as your state doesn't need paper work for a private sale, them but it back when he gets back

Ruger100 · 10-31-2009, 05:28 PM

Thanks guys much appreciated. It kinda sucks that he doesn't have the money. the gun shop I go to is having a huge sale this week. All the Springfield XD's are only $489. I haven't seen that price in a while.

samuel · 10-31-2009, 06:15 PM

Quit giving advice on this one!All states have their own laws and most reciprical states say as long as you are legal in your home state.That would mean if I,in Michigan,loaned a handgun to anyone,both he and myself would be "ILLEGAL"in any other state.Mich.law states you "CANNOT"loan a concealable firearm to anyone else and must have registeration to carry it myself.Illinois has the FOID card as do other states, so to be legal in any other state you would have to have a FOID card on the weapon.As far as I know states like Arizona,Montana,and such,it is legal to loan a handgun.But I don't know for sure.The one thing I do know is every state has a set of firearm laws,usually under state police that you can look the law up at.Another thing,some states,you can go places that are illegal in others.(such as schools,bars,and churches.If I owned a firearm and were legal with it in my home state,I would inform myself of restrictions in other states and carry.There is no way I would "BORROW" a handgun and go out of state,even if it were legal in my state,which it "ISN"T". ,,,sam.

jerry · 10-31-2009, 06:21 PM

Quote:

Originally Posted by samuel

.Illinois has the FOID card as do other states, so to be legal in any other state you would have to have a FOID card on the weapon.

Just a friendly bump Sam. The Illinois FOID card is not attached to the firearm, just the subject, uh, citizen of the republic of Illinois.

http://www.isp.state.il.us/foid/firearmsfaq.cfm

I have to agree about being tough to advise on.

samuel · 10-31-2009, 09:28 PM

I thought you had to have/get a card for each purchase just like Michigans handgun law we have to get a permit to purchase and go back for a safety inspection and registeration.Long guns we don't need anything between private citizens but need a background check when going through a dealer.That is why I say look it up.The web has the answer somewhere.I am very cautious about loaning period and would never loan for SD.Too easy to get sucked in somehow.Ownership is responsibility. ,,,sam.

TXplt · 10-31-2009, 09:38 PM

Quote:

Originally Posted by samuel

I thought you had to have/get a card for each purchase just like Michigans handgun law we have to get a permit to purchase and go back for a safety inspection and registeration.Long guns we don't need anything between private citizens but need a background check when going through a dealer.That is why I say look it up.The web has the answer somewhere.I am very cautious about loaning period and would never loan for SD.Too easy to get sucked in somehow.Ownership is responsibility. ,,,sam.

In TX, it's just a 4473, NICS, and press--takes all of 10 minutes or so.

Gotta love it here

mitchr · 10-31-2009, 11:40 PM

Main thiing, have to check the laws in all of the states visited. A good place to start is "handgunlaw.us" There you can check the handgun laws of every state.

samuel · 11-01-2009, 01:12 AM

Exelent advice mitchr.I would be afraid of any and all advice from the forum without verification.With over 20k laws on the books who knows what the law really is.As you say,check each state. ,,,sam.

10-31-2009, 02:50 PM	#1
Ruger100 Senior Member Join Date: Aug 2008 Location: DeBary, Florida Posts: 563	Loaning a gun A buddy of mine is taking a trip out of state and would like to take a gun along. He has his CCW but can't afford a gun right now. Could I legally loan him one of mine for the trip and if so, would there be any liability on my part?

10-31-2009, 02:59 PM	#2
K75RT Senior Member Join Date: Mar 2002 Location: Litchfield County, Connecticut Posts: 626	Gun laws are so varied from state to state I'm sure it depends where he is going, how he is going ie driving, train, flying...In my state it is illegal to give a firearm with out doing a transfer through the Dept. of Public Safety. __________________ 'Those who hammer their guns into plows will plow for those who do not.'

10-31-2009, 04:23 PM	#4
TXplt Traveling Libertarian Join Date: Jan 2008 Location: Fort Worth, TX Posts: 4,722 Images: 4 Blog Entries: 2	As long as you know him to be of legal age and NOT otherwise disqualified to own the firearm you are usually OK to loan it to him. Some states have other laws, but in FL (or most of the "sane" firearms laws states) you should be fine. If you are loaning a handgun you are still OK as long as you are both residents of the same state. If you are a resident of FL and he is a resident of another state, there might be a problem (you might want to check out the ATF website to be sure), but from what I believe you can loan a non-resident a firearm for "temporary sporting use." I don't think "temporary sporting use" would have any restrictions of crossing state lines--especially the states you mentioned--but I am not sure. If he transits other states with your firearm this also shouldn't be a problem from what I understand (as long as you were residents of the same state to begin with). If he commits a crime, has to use the gun for self-defense, or makes a mistake with YOUR gun, the worst that could happen (assuming all the stuff preceeding this was true--legally qualified to possess the gun in the first place, etc.) I believe is that people might ask you questions of how he got the gun to begin with--you've committed no crime in lending it any more than you would have for a private sale (which again in most "sane" states requires NO paperwork and only the aforementioned stuff--residents and not legally barred from firearms ownership from the sellers' best knowledge). For civil liability, since anyone can be sued for anything anytime, I guess you could be sued if your gun were negligently or defensively used by someone else (just like if a friend borrowed your car and ran over someone) -- but people can be frivolously lawsuitted for almost anything these days and it's really not worth worrying about. You could probably be sued by a burglar who stole a gun out of your car (or for that matter stole your car with loose lugnuts because you were still working on it) and then accidentally shot himself with it (or wrecked the loose nuts car). I doubt any of these would be successful, but you might wind up in court if your friend has to use your gun for self defense (but it is unlikely anyone would get any money out of you). Hope that helps and good luck. Again, you might want to go to the ATF website just to verify the preceeding is still accurate. EDIT: Here is a link to the ATF FAQ's. If you scroll up a little bit and look under overall under section "B" I think it pretty much describes what I previously posted and goes through a few scenarios. I would caution your friend about transporting a firearm if he does happen to go thru any of the "gun hostile" states (IL, NY, etc.) -- but the Universal Federal Transport rules should apply if this happens (available from the second link). http://www.atf.gov/firearms/faq/faq2.htm#b12 http://www.handgunlaw.us/ Cheers __________________ Old fighter pilots never die.....They just wind up in Texas Last edited by TXplt; 10-31-2009 at 07:32 PM.
	2 members found this post helpful.

10-31-2009, 03:05 PM	#3
Ruger100 Senior Member Join Date: Aug 2008 Location: DeBary, Florida Posts: 563	Good points, I should have provided more information. He will be driving from Florida to Alabama and all states he's driving through are reciprocating states.

10-31-2009, 04:27 PM	#5
Pothole Senior Member Join Date: Jan 2009 Location: Washington Posts: 201 Images: 21	you could also sell it to him for a dollar, as long as your state doesn't need paper work for a private sale, them but it back when he gets back

10-31-2009, 05:28 PM	#6
Ruger100 Senior Member Join Date: Aug 2008 Location: DeBary, Florida Posts: 563	Thanks guys much appreciated. It kinda sucks that he doesn't have the money. the gun shop I go to is having a huge sale this week. All the Springfield XD's are only $489. I haven't seen that price in a while.

10-31-2009, 06:15 PM	#7
samuel Senior Member Join Date: Dec 2006 Posts: 10,916	Quit giving advice on this one!All states have their own laws and most reciprical states say as long as you are legal in your home state.That would mean if I,in Michigan,loaned a handgun to anyone,both he and myself would be "ILLEGAL"in any other state.Mich.law states you "CANNOT"loan a concealable firearm to anyone else and must have registeration to carry it myself.Illinois has the FOID card as do other states, so to be legal in any other state you would have to have a FOID card on the weapon.As far as I know states like Arizona,Montana,and such,it is legal to loan a handgun.But I don't know for sure.The one thing I do know is every state has a set of firearm laws,usually under state police that you can look the law up at.Another thing,some states,you can go places that are illegal in others.(such as schools,bars,and churches.If I owned a firearm and were legal with it in my home state,I would inform myself of restrictions in other states and carry.There is no way I would "BORROW" a handgun and go out of state,even if it were legal in my state,which it "ISN"T". ,,,sam.

10-31-2009, 09:28 PM	#9
samuel Senior Member Join Date: Dec 2006 Posts: 10,916	I thought you had to have/get a card for each purchase just like Michigans handgun law we have to get a permit to purchase and go back for a safety inspection and registeration.Long guns we don't need anything between private citizens but need a background check when going through a dealer.That is why I say look it up.The web has the answer somewhere.I am very cautious about loaning period and would never loan for SD.Too easy to get sucked in somehow.Ownership is responsibility. ,,,sam.

10-31-2009, 11:40 PM	#11
mitchr Senior Member Join Date: Sep 2009 Posts: 109	Main thiing, have to check the laws in all of the states visited. A good place to start is "handgunlaw.us" There you can check the handgun laws of every state.

11-01-2009, 01:12 AM	#12
samuel Senior Member Join Date: Dec 2006 Posts: 10,916	Exelent advice mitchr.I would be afraid of any and all advice from the forum without verification.With over 20k laws on the books who knows what the law really is.As you say,check each state. ,,,sam.