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Thread: I've been searching for statutes

  1. #1
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    I've been searching for statutes

    I've been trying to find laws dealing with temporarily lending someone a firearm. Of course, I am talking about someone who can legally possess a firearm. I know that I've read posts that dealt with that in some form or other, but I searched on this forum until my head was spinning and never could find them.

    I also did a net search using Yahoo and Google trying to find out about that but never did find any actual statutes that specifically addressed this. I'm guessing that I am using the wrong words in the search, but who knows. All I could find was laws for specific states but what I'm looking for is federal statutes.

    I know its out there, but I'm having a hard time tracking it down. Anyone want to point me in the right direction?

    my sincere thanks in advance,
    roN

  2. #2
    Regular Member MilProGuy's Avatar
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    Thanks, Ron, for posting a query that, perhaps, many of us on the forum have asked ourselves.

    I'll be interested in reading the responses you receive.

  3. #3
    Regular Member NavyMike's Avatar
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    Quote Originally Posted by 6L6GC View Post
    I've been trying to find laws dealing with temporarily lending someone a firearm. Of course, I am talking about someone who can legally possess a firearm. I know that I've read posts that dealt with that in some form or other, but I searched on this forum until my head was spinning and never could find them.

    I also did a net search using Yahoo and Google trying to find out about that but never did find any actual statutes that specifically addressed this. I'm guessing that I am using the wrong words in the search, but who knows. All I could find was laws for specific states but what I'm looking for is federal statutes.

    I know its out there, but I'm having a hard time tracking it down. Anyone want to point me in the right direction?

    my sincere thanks in advance,
    roN
    You probaby can't find one because laws tell you what you can't do, not what you can.

    There is no federal law that makes it illegal to lend a firearm to someone who is otherwise lawfully permitted to own or purchase one.

    There is a good summary of federal laws here:

    http://www.nraila.org/federalfirearms.htm
    cum catapultae proscriptae erunt tum soli proscripti catapultas habebunt

  4. #4
    Campaign Veteran skidmark's Avatar
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    Ron,

    There are no federal statutes known to exist relating to the loaning (temporary possession) of any firearm to another who is otherwise lawfully allowed to posses a firearm. What you might want to look at are questions about when (how long a time period) does a loan become a permanent transfer. That would be something the BATFEIEIO folks would have answered out of their Technical Branch letters. You should be able to search their web site for some information. If you do not find the answer to the specific question(s) you have you may submit a request for them to explain how they feel about it at the moment (since they can later change their minds and not bother telling you they did so).

    Just remember that if you are going to submit a question to the Technical Branch weenies, you must word it so that you stand the greatest chance of getting the answer you are looking for, as opposed to the answer you do not want. Ever hear the story of the two members of some religious group who asked the head guy about smoking and praying? One wanted to know if it was OK to smoke while praying, and got told "No". The other asked if it was OK to pray while smoking and got told it was not only OK but a good thing to pray regardless of what actvity you were engaged in.

    stay safe.
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  5. #5
    Regular Member NavyMike's Avatar
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    Quote Originally Posted by skidmark View Post
    Ron,

    There are no federal statutes known to exist relating to the loaning (temporary possession) of any firearm to another who is otherwise lawfully allowed to posses a firearm. What you might want to look at are questions about when (how long a time period) does a loan become a permanent transfer.
    It doesn't matter, at the federal level, if a loan becomes a transfer, as long as the recipiant is legal to own a firearm and they live in the same state as the one doing the giving/lending. It is only a matter of individual state law.
    cum catapultae proscriptae erunt tum soli proscripti catapultas habebunt

  6. #6
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    part of the problem

    was that all I could find using Yahoo and Google was state laws. I recall however, reading some post here on OCDO where members were discussing all the ins and outs of transporting firearms across state lines and/or selling a firearm (private sale) and in one of the posts, the poster had cut/pasted part of a federal statute about that, and buried somewhere in the paragraph it mentioned something along the lines of "this provision does not prohibit the lending of a firearm to a person who may legally possess the firearm in the jurisdiction in which he resides" (or words to that effect).

    So, I know "its" out there, I just can't find it now. Additionally, I understand that generally only tell you what you cannot do, not what you can. I understand that precept, but I the thing that is driving me crazy is that I know I read the information for which I'm searching, but now I can't find it again.

    That thumping you hear is me beating my head against the wall................

    thanks everybody for the help so far. if anyone comes across anything, please post it.
    roN

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    Quote Originally Posted by NavyMike View Post
    You probaby can't find one because laws tell you what you can't do, not what you can.
    This is not true. "CAN" laws are passed when the legislature (state or federal) has been given the power to regulate something... such as concealed carry for example. Many states have laws forbidding concealed carry because the legislatures have been given the authority, by constitution, to regulate CC and have done so by making it ILLEGAL. In such cases, law must be enacted to tell you "can" conceal carry IF... permit etc...

    Of course, legislatures are NEVER given authority to regulate rights??? Right???

  8. #8
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    Quote Originally Posted by 6L6GC View Post
    was that all I could find using Yahoo and Google was state laws. I recall however, reading some post here on OCDO where members were discussing all the ins and outs of transporting firearms across state lines and/or selling a firearm (private sale) and in one of the posts, the poster had cut/pasted part of a federal statute about that, and buried somewhere in the paragraph it mentioned something along the lines of "this provision does not prohibit the lending of a firearm to a person who may legally possess the firearm in the jurisdiction in which he resides" (or words to that effect).

    So, I know "its" out there, I just can't find it now. Additionally, I understand that generally only tell you what you cannot do, not what you can. I understand that precept, but I the thing that is driving me crazy is that I know I read the information for which I'm searching, but now I can't find it again.

    That thumping you hear is me beating my head against the wall................

    thanks everybody for the help so far. if anyone comes across anything, please post it.
    roN
    This would be a good place to look... fed firearms statutes...

    http://www.law.cornell.edu/uscode/ht...0_I_20_44.html

  9. #9
    Regular Member Jack House's Avatar
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    Isn't it always considered transferring to lend out a class 3 weapon and thus illegal without going through all the hoops?

    Posted using my HTC Evo

  10. #10
    Regular Member NavyMike's Avatar
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    Do you mean this?

    Quote Originally Posted by 6L6GC View Post
    I recall however, reading some post here on OCDO where members were discussing all the ins and outs of transporting firearms across state lines and/or selling a firearm (private sale) and in one of the posts, the poster had cut/pasted part of a federal statute about that, and buried somewhere in the paragraph it mentioned something along the lines of "this provision does not prohibit the lending of a firearm to a person who may legally possess the firearm in the jurisdiction in which he resides" (or words to that effect).
    Are you looking for an exception to lend to someone from another state?

    (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 (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;


    It's from the Gun Control Act of 1968, Title I, Sec. 922 Para 5. http://www.nraila.org/federalfirearms.htm#GCA.
    cum catapultae proscriptae erunt tum soli proscripti catapultas habebunt

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