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Borrowing a Glock
- Thread starter Johnny2154
- Start date
That's a bit of a sticky wicket, unless your son has a Mass Non-Resident LTC, he can't legally transport a handgun into Mass.
He would not be covered by GOPA 86' if his trip ends in Massachusetts without a Mass permit.
However, if he were to drive straight through Mass (without stopping) on his way to NH or VT, then he would be covered by GOPA 86' to transport through Mass.
He would not be covered by GOPA 86' if his trip ends in Massachusetts without a Mass permit.
However, if he were to drive straight through Mass (without stopping) on his way to NH or VT, then he would be covered by GOPA 86' to transport through Mass.
He can loan you a gun across a state line for "lawful sporting purposes" only. If you CCW the gun, or use it in defense of your home, expect a problem if caught.
So assuming you travel to RI where he is allowed to transport a gun, pick him and the gun up, drive to the MA border, at which time the gun magically becomes your responsibility, you also have to make sure the gun has no evil features such as a post ban high cap with it.
there is also that unanswered question of how long a time is considered a "loan" and at which point is it considered an illegal transfer across state lines, failure to report the transaction to MA, tc etc etc
So assuming you travel to RI where he is allowed to transport a gun, pick him and the gun up, drive to the MA border, at which time the gun magically becomes your responsibility, you also have to make sure the gun has no evil features such as a post ban high cap with it.
there is also that unanswered question of how long a time is considered a "loan" and at which point is it considered an illegal transfer across state lines, failure to report the transaction to MA, tc etc etc
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Independence Arms
Instructor
I had my uncle bring me a gun from Florida. I tried doing a transfer, to find out we couldn't. I called to find out the deal, and they told me I could legally possess the gun, as I have a LTC, I just couldn't own it. Still, I wouldn't use it as a EDC, but I don't think you will have a problem with range fun.
It sounds like you want a new glock 26 but can't buy one. I would not do it, it's bad enough you would be considered a criminal if you had to use the gun in a self defense situation, now add a dangerous not listed gun to that
There is no transfer if ownership hasn't changed. Period, end. Borrowing a gun is not a "transfer" under MA or Federal law. Federal law does have that "sporting purposes" clause, though, which seems to preclude using it for CCW or whatever. That's the only "gray area" here at all.
-Mike
In what circumstances would the distinction even ever become an issue? Possession (of whatever) in MA is legal with the appropriate license. The law does not appear to care who actually owns the gun, on that front.
-Mike
I'm just wondering out loud if in the off chance that something went wrong, gun stolen, gun used in defense, cops show up with a 209A or 208 order, license revoked, etc etc, and the out of state weapon was found to be in the possession of the MA LTC holder, and it comes out that that he has had the gun for (lets say for the sake of conversation) 3 years, at what point does someone in law enforcement say" this isn't a loan, this was a gift, a transfer, a conveyance because of the length of time involved and we are going to charge them with ( insert some chapter ans dection, CMR, etc here).
The charge may not stick, but you still have to defend yourself against it.
Remember we are discussing MA, and nothing is reasonable. I doubt the Feds would GARA, but MA has nothing better to do than make criminals out of honest people.
If it gets to that point (where they're thoroughly examining the provenance and origins of the gun you have in your possession) you likely have bigger problems than someone trying to invent a charge over an illegal transfer. Even on a 209A confiscation the gun is just going to get stuck in storage at the PD or end up at the dowd extortion warehouse.
Yes, anything can happen, but IMHO it'd be pretty much in MTBS guy" territory..... eg, they're in the "inventing fake laws" business- and you're pretty much screwed anyways at that point.
-Mike
...Hmmm. Interesting point, but if true why would FA-10's have any purpose or meaning at all
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![[devil]](/xen/styles/default/xenforo/smilies.vb/015.gif "Devil [devil]")
Sort of a thread hijack but if I have a friend and we both live in Mass and have an LTC, can I legally borrow a mass legal gun to go to the range without him? What would you have with you or on you in case you were stopped for whatever reason? Simply have his name, phone number, address?
Night_solstice
NES Member
As I understand it, you don't need anything (ie: his name, number, etc) to show that you're allowed to have his firearm in your possession. Should you be stopped, you'll be asked to show your licensing to carry that firearm. As long as you're licensed to carry that firearm (LTC-A, LTC-B, FID), you're ok.
Unlike a car stop where they will ask you for YOUR license, and the VEHICLE'S registration, they don't run the serial number of the firearm to verify that it has been registered to you.
Unlike a car stop where they will ask you for YOUR license, and the VEHICLE'S registration, they don't run the serial number of the firearm to verify that it has been registered to you.
You are properly licensed. That's all you need to "borrow" a gun in MA. You're over thinking this. I realize the tendency is to assume the worst for everything in MA, but this is a relatively simple issue.
-Mike
Thank you
