Can anyone tell me what the restrictions are with lending a pistol to another adult (non felon) in the state?
Q: Are there certain persons who cannot legally receive or possess firearms and/or ammunition?
Yes, a person who —
1. Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
2. Is a fugitive from justice;
3. Is an unlawful user of or addicted to any controlled substance;
4. Has been adjudicated as a mental defective or has been committed to a mental institution;
[should say "involuntarily"]
5. Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
6. Has been discharged from the Armed Forces under dishonorable conditions;
7. Having been a citizen of the United States, has renounced his or her citizenship;
8. Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
9. Has been convicted of a misdemeanor crime of domestic violence
possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.
Can anyone tell me what the restrictions are with lending a pistol to another adult (non felon) in the state?
MKEgal said:Look here at the ATF FAQ page:
"A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law."
According to the ATF (link above) lending can be done to any non-prohibited person in any state.Interceptor_Knight said:"Lending" in the sense that they are going to borrow it for a period of time and return it at a later date is treated the same as selling it to them...
All you need is to be reasonably sure that they are [strike]a WI resident with a WI ID and are[/strike] not prohibited from owning a firearm.
LOL! Actually, I'd look a lot better in burgundy or dark blue.apjonas said:wearing a stunning gold lame dress, MKEgal.
According to the ATF (link above) lending can be done to any non-prohibited person in any state.
Selling can only be done to someone in-state. At least, until SAF gets their challenge through SCOTUS.
Wonder if there's ever been a challenge, a ruling, to decide how long a "lend" can go on before it's de facto a sale or gift?
, conservatively means while at the event such as a shooting range or on a hunt (for the duration of the hunt), not "lending" for an indefinite period which is transferring. Ask David Olofson how "lending" turned out for him... The ATF obviously had zero problems prosecuting for transferring even though it was a temporary loan for a lawful sporting purpose.for temporary use for lawful sporting purposes
I realize that using the ATF as a source might be just as bad as asking any other LEO for a legal opinion, but since the ATF are the ones that will prosecute, it's probably best to know what they think is acceptable.MKEgal said:Look here at the ATF FAQ page:
"A person may loan or rent a firearm to a resident of any State for temporary use..."
Citation, please? The ATF page doesn't say anything about not crossing state lines, either to do the lend, or once the borrower has it in her possession.Interceptor_Knight said:You may never "lend" across State lines. Even if you loan it out in your State, the person you lent it to may not cross State lines with it under any conditions.
(5) CITE TO AUTHORITY: If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority.
You really need to go directly to the Statute/Code/Ordinance when you are looking for the truth. Going by a FAQ will lead you astray. It clearly states that it does not matter how it was obtained and it gives no exceptions. Here is the cite for your benefit.Citation, please? The ATF page doesn't say anything about not crossing state lines, either to do the lend, or once the borrower has it in her possession.
Only so long as they do not take it back across state lines to their resident state. Please read the following..Not true. You can legally lend a firearm to a resident of another state.
..,TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 44--FIREARMS
Sec. 922. Unlawful acts
(a) It shall be unlawful--
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person is a
corporation or other business entity, the State where it maintains a
place of business) any firearm purchased or otherwise obtained by
such person outside that State
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 44--FIREARMS
Sec. 922. Unlawful acts
(a) It shall be unlawful--
(5) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to transfer,
sell, trade, give, transport, or deliver any firearm to any person
(other than a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector) who the transferor knows or has
reasonable cause to believe does not reside in (or if the person is
a corporation or other business entity, does not maintain a place of
business in) the State in which the transferor resides; except that
this paragraph shall not apply to ... (B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;
What is it that you are trying to say?
The only instance I could even imagine where I would lend a firearm to anyone is if we were surrounded and the bad guys were closing in. Otherwise, Not a Goram chance in hades...
hardballer said:The only instance I could even imagine where I would lend a firearm to anyone is if we were surrounded and the bad guys were closing in. Otherwise, Not a Goram chance in hades...
Just looked up info on the Olofson case. He wasn't in trouble for loaning the gun, he was in trouble because BATFE claimed that the malfunction made it a machine gun, & it wasn't registered, so he was in trouble for having an unregistered machine gun AND for transferring it.LR Yote 312 said:NO WAY in H3LL I will loan out a gun.... EVER !!!
Especially after the Olofson case.
Olofson was not "in trouble" for and was not charged/prosecuted with "having" anything. He was successfully prosecuted for "transferring". He was not at the range and loaned it to someone at the range, the ATF's star witness took it home.Just looked up info on the Olofson case. He wasn't in trouble for loaning the gun, he was in trouble because BATFE claimed that the malfunction made it a machine gun, & it wasn't registered, so he was in trouble for having an unregistered machine gun AND for transferring it.
Ah... that definition of 'transfer'. Looked more like a loan to me. Didn't pay for the rifle, didn't get it as a gift. Seems Olofson wanted/expected it back.