carrying someone else's gun

[Dmn0166]

I tried searching but I didn't find anything. Hopefully this hasn't been covered a lot before.

The pistol I have now is technically my dads. He bought it for me since he was fully licensed and able to buy a firearm. The plan was when I got my LTC he would basically sell the gun to me.

I just got my LTC a couple days ago, and before we go through the process of putting the gun in my name, I'm curious what would happen If I took this particular gun to the range with me. If I were caught carrying a gun in my dads name, is that illegal? Does the firearm have to be in your name to carry it?

If so, is there a way to put two ownerships on the gun, so either him or I could take it to the range?

Thanks,

Derek

 

[jdubois]

I tried searching but I didn't find anything. Hopefully this hasn't been covered a lot before.

Everything has been covered a lot before

If I were caught carrying a gun in my dads name, is that illegal? Does the firearm have to be in your name to carry it?

No, and no. There's nothing illegal about possessing someone else's gun, as long as you're licensed to carry a gun, of course. Be wary of loaning your gun to somebody else, because if they do anything they shouldn't with that gun, folks will be heading your way to ask questions, but otherwise there's no issue.

 

[highlander]

IIRC as long as you have an LTC there should be no problems. An FA 10 form has provisions for only one owner on it as I recall. If the pistol was "bought" for you get the appropriate form and do a transfer from your dad to you.

 

[Ultimate]

So long as the two people live in the same state. Federal law allows loaning a gun across state lines for lawful sporting purposes.

 

[Dmn0166]

Does the same law apply if i were to carry concealed?

I would have guessed it would have to be your own gun to obtain it.

 

[appraiser]

Derek you can borrow a gun in state no problem

it is across state lines where it gets complicated.. you can't loan for CCW but you can for "sporting" reasons.

You could always go find a FA-10 and have Dad sign it over


And for the record your dad bought the gun for himself, not for you, but promised you that once you became a big boy he would sell it to you wink wink nod nod

 

[Dmn0166]

it is across state lines where it gets complicated.. you can't loan for CCW but you can for "sporting" reasons.

Did you mean you can't loan for CCW out of state, or in general?

I'm still yet to get my out of state license as well. Thanks for the reminder.

Derek

 

[bostonasphalt2]

Did you mean you can't loan for CCW out of state, or in general?

I'm still yet to get my out of state license as well. Thanks for the reminder.

Derek

if you live in MA, you cannot loan someone in NH a handgun for CCW. YOu can only lone firearms for sporting purposes. "Out of state" here doesnt mean you carrying a gun when you go to NH.

 

[Dmn0166]

Thanks for the help guys.

I have one more question, but I didn't want to create a new thread about it.

I got my LTC in Marlborough, Ma. I'm getting an apartment in Salem, Ma just for school. Do i need to fill out a change of address form for a temporary living situation as a school apartment?

Thanks

 

[jhblaze1]

Everything has been covered a lot before




No, and no. There's nothing illegal about possessing someone else's gun, as long as you're licensed to carry a gun, of course. Be wary of loaning your gun to somebody else, because if they do anything they shouldn't with that gun, folks will be heading your way to ask questions, but otherwise there's no issue.

I could also imagine a situation where if you let someone carry your gun and he/she ended up having to use it for self defense, when the civil suit comes around, you could be a co-defendent. The sleezy lawyer on the other side could pull you into the fray claiming that you supplied this unstable (though licensed) individual with a gun...

Personally, I'd keep borrowed guns for range use and carry my own. Less BS to deal with IMO in the event you need to use the gun.

 

[bostonasphalt2]

Thanks for the help guys.

I have one more question, but I didn't want to create a new thread about it.

I got my LTC in Marlborough, Ma. I'm getting an apartment in Salem, Ma just for school. Do i need to fill out a change of address form for a temporary living situation as a school apartment?

Thanks

no, you dont. Keep voter registration to Marlborough, car registration to marlborough, etc etc. I am sure I will be corrected in some way very shortly.

 

[DickWanner]

I could also imagine a situation where if you let someone carry your gun and he/she ended up having to use it for self defense, when the civil suit comes around, you could be a co-defendent. The sleezy lawyer on the other side could pull you into the fray claiming that you supplied this unstable (though licensed) individual with a gun...

Personally, I'd keep borrowed guns for range use and carry my own. Less BS to deal with IMO in the event you need to use the gun.

Depends on the situation honestly. When I went to drive all the way out to Pittsfield to buy my first handgun my buddy lent me his S&W 9mm to CCW to the transaction. Sometimes the civil/legal risk is worth it if the alternative is much worse...

 

[DickWanner]

Thanks for the help guys.

I have one more question, but I didn't want to create a new thread about it.

I got my LTC in Marlborough, Ma. I'm getting an apartment in Salem, Ma just for school. Do i need to fill out a change of address form for a temporary living situation as a school apartment?

Thanks

Is your permanent residence going to stay as Marlborough and are you going to be living in Marlborough the majority of the year?

 

[vellnueve]

are you going to be living in Marlborough the majority of the year?

I wouldn't put this in as a litmus test for permanent residence. College students live at school the majority of the year, but MA law has pretty much unequivocally stated that that address is not a permanent residence.

 

[DickWanner]

I wouldn't put this in as a litmus test for permanent residence. College students live at school the majority of the year, but MA law has pretty much unequivocally stated that that address is not a permanent residence.

Yes, but I thought that was in regards to living in a dorm at a college campus. The OP is stating that he's getting an apartment.

 

[GLOCK.Perfection]

I wouldn't put this in as a litmus test for permanent residence. College students live at school the majority of the year, but MA law has pretty much unequivocally stated that that address is not a permanent residence.

ya, i wouldnt fill out a change of address. Your permanent address will still be your hometown

 

[appraiser]

Thanks for the help guys.

I have one more question, but I didn't want to create a new thread about it.

I got my LTC in Marlborough, Ma. I'm getting an apartment in Salem, Ma just for school. Do i need to fill out a change of address form for a temporary living situation as a school apartment?

Thanks

NO NO NO NO

Salem is a temporary residence for school and you are just staying there during the week. DO NOT change anything including D/L. or permit to Salem.

Salem is not a gun friendly town

 

[vellnueve]

Yes, but I thought that was in regards to living in a dorm at a college campus. The OP is stating that he's getting an apartment.

Doesn't matter. It's only a temporary location. A lot of schools don't offer housing or don't offer it to everyone, but the students who go off campus into apartments still aren't permanent residents.

 

[Big_Red]

Because of the S&W PPK/S recall my father has been gunless (he only owns one gun) for the past five weeks. I finally convinced him to take one of my .40's and he did. I am glad he smartened up.

 

[Optimistic Paranoid]

The issue of whether a college student is a permanent resident in his college town has some interesting voting implications.

Here in NY, all of the local communities insist that he/she is NOT a resident - and not entitled to vote in local elections - because they are afraid the generally liberal students will vote for all kinds of liberal crap that THEY - not being local taxpayers - don't have to pay for.

There have been some court cases here over the issue. AFAIK, the courts have upheld the local's position and the students -at least the ones living in dorms - have to vote - via absentee ballot, if necessary - in their home towns.

Regards
John

 

[drgrant]

if you live in MA, you cannot loan someone in NH a handgun for CCW. YOu can only lone firearms for sporting purposes. "Out of state" here doesnt mean you carrying a gun when you go to NH.

Protecting yourself isn't a sporting purpose?

IMO that dumb wording in the law is largely untested, and I doubt it'd really
ever hold up. I also doubt that there is any federal case law on the
matter, either.

-Mike

 

[jdubois]

Protecting yourself isn't a sporting purpose?

Only if you give the bad guy a chance

IMO that dumb wording in the law is largely untested, and I doubt it'd really
ever hold up.

Unfortunately, I'd fear that it wouldn't hold up in the other direction and that almost any lending to a resident of another state beyond just allowing them to handle it / shoot it while you are present would be deemed an illegal transfer. The law does not say, "lending for temporary sporting purposes is ok." It says, "NO LENDING... except for temporary sporting purposes." So if the wording is contested, the fall back position is "no lending, period."

 

[drgrant]

Unfortunately, I'd fear that it wouldn't hold up in the other direction and that almost any lending to a resident of another state beyond just allowing them to handle it / shoot it while you are present would be deemed an illegal transfer. The law does not say, "lending for temporary sporting purposes is ok." It says, "NO LENDING... except for temporary sporting purposes." So if the wording is contested, the fall back position is "no lending, period."

Maybe, but frankly I think even the regs as existing strain credulity. A lot of federal firearms regs really push the limits of enforceability via the commerce clause, especially considering that letting someone borrow a gun isn't a real transfer of ownership, by any stretch.

If there's case law on this I'd love to see it.

-Mike

 

[jdubois]

Maybe, but frankly I think even the regs as existing strain credulity. A lot of federal firearms regs really push the limits of enforceability via the commerce clause, especially considering that letting someone borrow a gun isn't a real transfer of ownership, by any stretch.

Well, keep in mind this isn't a reg, it's code. But yes, the whole GCA stretches the commerce clause pretty wildly.

If there's case law on this I'd love to see it.

Yeah, would be interesting to see if this has ever been hashed out in court. I know there is currently a written query in to ATF about this very question at the moment from an NESer. It will be interesting to see their clarification. Whichever direction they go, it should make the situtaion much more solid.