Storing family member's guns temporarily

[mk54]

My father in law lives in NY and has permits in both NY and CT. He tends to go shooting here in CT because the ranges allow him to take me as I don't yet have my permit. For logistical reasons, he was thinking about temporarily leaving a few of his guns in his safe at my house. Is this legal? I can't find anything in the CT statutes that addresses this.

 

[noxin]

I'm sure someone will correct me if I'm wrong, but there are no laws in ct prohibiting possession of a firearm in the home. Additionally, I think there's a provision to cover the transport of the firearm to/from the dealer.

I think you'd be okay.

 

[Len-2A Training]

Check with DCMDON, he's our resident expert on CT gun laws as he lived there and holds an FFL there.

 

[MAJoe]

Assume everything is CT legal including mags? If so, I'm not aware of any issues. For handguns, be mindful of the federal language on borrowing where it's for "sporting purposes only". In other words, don't use one of his pistols for EDC.

 

[mk54]

Yes everything is CT legal, and they won't leave my house unless he is with me. I appreciate everyone's input on this.

 

[JAD]

Yes everything is CT legal, and they won't leave my house unless he is with me. I appreciate everyone's input on this.

There could be a potential problem from 29-33(b), which was a section of the statute pertaining to the sale, delivery, or transfer of pistols and revolvers that is attributable to the Weicker era Act Concerning Handgun Safety. Specifically 29-33(b) prohibits transferring a pistol or revolver anybody without a permit to carry if the person does not hold a (pistol/revolver) eligibility certificate, a permit to sell pistol/revolver at retail (which an odd since you need a permit to carry or eligibility certificate to obtain a retail sale permit), or are a (specified LEO).

(I have more thoughts that I am going to post later)

 

[Len-2A Training]

"Transfer" usually implies title/ownership. Storing something somewhere does not imply ownership changes.

I can't speak to CT laws and I had no use for Lowell Weicker when I did live in CT many years ago.

 

[JAD]

"Transfer" usually implies title/ownership. Storing something somewhere does not imply ownership changes.

I can't speak to CT laws and I had no use for Lowell Weicker when I did live in CT many years ago.

I've started the follow-up post a few times, to finish my thoughts because this is a really complex topic. I agree with you that the term transfer does typically suggest a change in title/ownership, like you suggest. However, what concerns me is that there is the language in Connecticut's transfer laws.

Beyond the law, the other part that concerns me is practical interpretation by authorities. About 5 years ago, there was a case in my town involving a police response to a medical call which resulted in observation of several firearms (a shotgun, one or more handguns, and one or more banned assault weapons). The weapons were not secured (i.e. were accessible to the resident). A resident (there may have been multiple) of the location where the weapons were found claimed that the weapons belonged to a relative who left them there for temporary storage during anticipated medical treatment. The relative corroborated the statement and was later arrested by warrant for charges related to unlawfully transferring the pistol and the assault weapon. (At the time, private long gun transfers did not require documentation/authorization). [The shotgun was loaded, infer from that what you may] Charges were later dismissed, I believe through a diversionary program. Additionally there have also been instances in which police officers have given people a hard time about guns that don't come back on the state police database (one of the Hartford Walmart open carry videos is a good exemplum). I can also think of a BFPE hearing in which they too tried to make issue of a gun showing as "registered" to another permit holder (who was present at the time of the incident) but carried by an appellant (who claimed to have purchased the gun with proper procedure). [There are well known flaws with respect to SLFU's maintenance of the "registry", at least in the past.]

I previously mentioned 29-33(b) which covers the prohibition on "purchasing" a pistol without appropriate credentials. It is also important to consider other subsections (e.g. 29-33(c)-(e)) which cover the process that the transferor must follow. Those requirements are premised on the actions of "sell, deliver, or otherwise transfer." There are couple of exemptions to various transfer requirements which are explicit for temporary transfers (i.e. 29-34(b) related to temporary transfers for immediately supervised range shooting).

(b) No person shall sell, barter, hire, lend, give, deliver or otherwise transfer to any person under the age of twenty-one years any pistol or revolver, except that a pistol or revolver may be temporarily transferred to any person only for the use by such person in target shooting or on a firing or shooting range, provided such use is otherwise permitted by law and is under the immediate supervision of a person eligible to possess a pistol or revolver. Any person violating any provision of this subsection shall be guilty of a class C felony for which two years of the sentence imposed may not be suspended or reduced by the court, and five thousand dollars of the fine imposed may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine.

[Note the broad appearance of the exemption relative to the prohibition it is connected to]

(There is another exemption, to the background check requirement, for temporary transfers to/from gunsmiths for repair and return to owner)

Personally, if I were in a situation where I had to store a firearm somewhere other than at home, my preference would be to put it in a safe or cabinet that provably could not access.

 

[mk54]

It seems like the scenario I am describing is legal since they will be locked in a safe and only taken out by the owner for the purposes of going to the range. He also would only plan on storing them temporarily for less than a month.

 

[dcmdon]

Here it is in a nutshell.

No permits or licenses are required to simply possess any firearms in CT. NONE. Not even a machine gun.

There is no law either federally or in CT prohibiting the loaning of firearms to someone else provided they are not a prohibited person. The ATF FAQs explicitly acknowledge that loaning is legal for sporting purposes. A LOAN IS NOT A TRANSFER.

https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download
(see the answer to question 2)

No license is required to carry, use, or transport any long gun that is legal in CT. So if your friend loans ANYONE in CT a shotgun that is legal in CT, that person can use it as would any CT resident with a Pistol Permit.

If you don't have a CT Pistol Permit, you can not leave the house with the pistol except under very specific circumstances.
https://www.cga.ct.gov/current/pub/chap_529.htm#sec_29-35

1. the transportation of pistols or revolvers as merchandise
2. transporting any pistol or revolver while contained in the package in which it was originally wrapped at the time of sale and while transporting the same from the place of sale to the purchaser’s residence or place of business
3. any person removing such person’s household goods or effects from one place to another
4. any person while transporting any such pistol or revolver from such person’s place of residence or business to a place or individual where or by whom such pistol or revolver is to be repaired or while returning to such person’s place of residence or business after the same has been repaired
5. any person transporting a pistol or revolver in or through the state for the purpose of taking part in competitions
6. taking part in formal pistol or revolver training
7. repairing such pistol or revolver or attending any meeting or exhibition of an organized collectors’ group if such person is a bona fide resident of the United States and is permitted to possess and carry a pistol or revolver in the state or subdivision of the United States in which such person resides
8. any person transporting a pistol or revolver to and from a testing range at the request of the issuing authority

If you do have a CT PP, you can bring the pistols anywhere you want. Although I would not carry one of the loaned guns for defense since the ATF language on loaning firearms explicitly says for "sporting purposes" like hunting and competitive or target shooting

Bottom line. Its nothing you need to worry about.

Don