" Borrowing" a firearm

Mattyb

Mattyb

Joined
Jan 24, 2008
Messages
1,150
Likes
267
Location
Gloucester, MA.
Feedback: 43 / 0 / 0
My childs mother, who lives in Pennsylvania, was given a firearm as a gift a couple years ago (Kimber 1911). She has never fired it, nor has any intention to do so. On a whim, while picking up my daughter, I asked her what her intentions were with it and she said I could have at it for as long as I desire. I do possess a valid Pennsylvania Non-Res permit, along with a Mass LTC A. I would have to bring it across the state lines of Pennsylvania, Upstate New York, Connecticut, and into Mass. Of course it will be locked in the trunk in a safe. Is there any law that prohibits this, or can it be legally done?. Am I asking for trouble?
 
I would get a letter from her stating she is lending you the firearm for an indefinate period, otherwise it would be looked upon as an illegal transfer across state lines if found out.
 
"Borrowing", with quotes around it, a wink, and "for as long as you want" runs a high risk of being held legally to be a transfer.
 
RKG said:
"Borrowing", with quotes around it, a wink, and "for as long as you want" runs a high risk of being held legally to be a transfer.
Click to expand...

This. Not worth it. Just ask her to hold onto it for some more time. These problems we have here in the PRM are more than likely to "work themselves out" sooner rather than later.
 
Thanks guys. My apologies if the " borrow" looks as if Im going to leave it. Not my intention at all. Good point with her writing me a letter. I already called her, and its in the works. Thanks
 
Mattyb said:
Thanks guys. My apologies if the " borrow" looks as if Im going to leave it. Not my intention at all. Good point with her writing me a letter. I already called her, and its in the works. Thanks
Click to expand...

I think I'd include an end date on the letter (maybe 1 year). You can always get a new letter next year. That way it at least shows an intent on returning it, not a permanent transfer.
 
you can not "borrow" a handgun across a state line for anything other than legitimate sporting purposes.

In other words self defense and CCW with it is a no no.
 
From the link I posted earlier, the problem with this is that you are the one bringing it across state lines. You are allowed to borrow the firearm for sporting purposes but the owner has to bring it to you (assuming they are allowed to have in in MA.) As an example, If I were to let someone in NH borrow one of mine, it would be ok since I am allowed to bring my gun into that state. However I can not borrow a family member's gun from there because they would have to bring it to me but since they aren't licensed in MA, they can't. If the restrictions on what dealers can sell is lifted, then she could send it through one of them but until that happens it's a no go.
 
MightyGreek said:
From the link I posted earlier, the problem with this is that you are the one bringing it across state lines. You are allowed to borrow the firearm for sporting purposes but the owner has to bring it to you (assuming they are allowed to have in in MA.) As an example, If I were to let someone in NH borrow one of mine, it would be ok since I am allowed to bring my gun into that state. However I can not borrow a family member's gun from there because they would have to bring it to me but since they aren't licensed in MA, they can't. If the restrictions on what dealers can sell is lifted, then she could send it through one of them but until that happens it's a no go.
Click to expand...

OP has Pennsylvania AND Massachusetts permits.
ETA: Wrong!
 
Last edited:
terraformer said:
But the mother doesn't and she needs to bring it to the OP in MA. Not the other way around. Why it matters is absurd, but apparently it matters.
Click to expand...

I thought this only applied to a transfer. No?

ETA: I just read jdubois' post from 2008. I stand corrected.
 
Last edited:
rlee said:
I thought this only applied to a transfer. No?
Click to expand...

BINGO! The whole issue is that the borrowing becomes the interstate transfer if you bring them back. If he is in PA and wants to use it there "for sporting purposes". Golden. If he brings them back, especially if he is "holding on to them" for any sort of time, he is risking it collapse into a prosecutable interstate transfer.

Look, it is absurd that two adults who are licensed/not prohibited in their respective states can't do this, but the only reason this is even something we care about is because the AG's regs and other stupid regs are preventing them from doing it in the manner that IS legal. i.e.; going through an FFL.

I don't follow this part of the law much and I am not giving "legal" advice. I am just saying that the risk here is higher than normal and I don't think it's worth it.
 
terraformer said:
I don't follow this part of the law much and I am not giving "legal" advice. I am just saying that the risk here is higher than normal and I don't think it's worth it.
Click to expand...

I've never seen case law regarding this, (someone otherwise legally qualified, getting in trouble with the feds for borrowing a gun, without any money changing hands) so how much risk actually exists is anyone's guess.

If I was going to make a WAG whatever caused the feds to get interested in you to begin with would be a far bigger deal than any perceived violation of US code in this regard. Then again we live in a country where a guy's wife and son were killed because he cut 2 inches off of a shotgun barrel, and a man was shot because he happened to be riding around in a truck with some plastic wrap, so given the occurrence of stuff like that, nothing would surprise me.


-Mike
 

Similar threads

you got a pet firearm?
Replies
12
Views
561
pinefd
pinefd
April Firearm Giveaway Karma
Replies
4
Views
355
Steve600
Steve600
Buying more than one firearm
2
Replies
45
Views
1K
Mesatchornug
Mesatchornug
Study Confirms 10+ Firearm Magazine Capacity Is 'Standard'
Replies
8
Views
458
tuna
tuna
Flying domestically with declared firearm on JetBlue and Delta in 2024
Replies
28
Views
487
Brin747
Brin747
Back
Top Bottom