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Posted: 4/16/2016 9:20:43 PM EDT
If I were to temporarily leave a gun with a family member across state lines and then pick it up on a later date (possibly months), would that be considered a transfer requiring an FFL?
Link Posted: 4/16/2016 10:01:39 PM EDT
[#1]
Define "family member".
Link Posted: 4/16/2016 10:04:34 PM EDT
[#2]
Are you leaving it with them, or just storing it there until you come back?
Link Posted: 4/16/2016 10:21:18 PM EDT
[#3]
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Quoted:
Define "family member".
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Sister or brother.
Link Posted: 4/16/2016 10:22:30 PM EDT
[#4]
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Quoted:
Are you leaving it with them, or just storing it there until you come back?
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Only stored.
Link Posted: 4/17/2016 10:36:47 AM EDT
[#5]
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Quoted:
Define "family member".
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There are no "family member" exceptions in BATFE rules.
Link Posted: 4/17/2016 1:00:37 PM EDT
[#6]
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Quoted:

Only stored.
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Quoted:
Quoted:
Are you leaving it with them, or just storing it there until you come back?

Only stored.


I may be wrong, but if you're truly just leaving it at their house while you're gone I think you should be good.   If nothing else, lock it in a case or something where they don't have access to it if you're worried about it.   It also matters what state they're in.   Someplace like NY or IL would be a different matter.   On the other hand, I'm not a lawyer and this is on the internet so this isn't legal advice.
Link Posted: 4/17/2016 1:58:52 PM EDT
[#7]
"A gun" does not exactly pin it down.

Is this an NFA item?
Link Posted: 4/17/2016 6:16:47 PM EDT
[#8]
<-- FFL
Quoted:
If I were to temporarily leave a gun with a family member across state lines and then pick it up on a later date (possibly months), would that be considered a transfer requiring an FFL?
View Quote

Yes.  Also there is no "Friends and Family" exception to this law, it is the same for friends, family members, casual acquaintances, and complete strangers.
Link Posted: 4/19/2016 7:59:34 PM EDT
[#9]
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Quoted:
"A gun" does not exactly pin it down.

Is this an NFA item?
View Quote


No NFA.  Just "a gun".
Link Posted: 4/19/2016 8:24:04 PM EDT
[#10]
I found this:

U.S. Code › Title 18 › Part I › Chapter 44 › § 922

(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 (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;...
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This appears to apply so far as I can tell.  Of course it all depends on how you define "loan" and "lawful sporting purpose".
Link Posted: 4/20/2016 8:58:19 AM EDT
[#11]
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Quoted:
I found this:


This appears to apply so far as I can tell.  Of course it all depends on how you define "loan" and "lawful sporting purpose".
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Quoted:
I found this:

U.S. Code › Title 18 › Part I › Chapter 44 › § 922

(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 (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;...

This appears to apply so far as I can tell.  Of course it all depends on how you define "loan" and "lawful sporting purpose".

That language is there for situations where if someone not from your state visits and you go hunting or to the range together, you can loan that person a firearm and legally no transfer has occurred.  It in no way covers your scenario.
Link Posted: 4/20/2016 6:57:19 PM EDT
[#12]
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Quoted:

That language is there for situations where if someone not from your state visits and you go hunting or to the range together, you can loan that person a firearm and legally no transfer has occurred.  It in no way covers your scenario.
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Quoted:
Quoted:
I found this:

U.S. Code › Title 18 › Part I › Chapter 44 › § 922

(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 (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;...

This appears to apply so far as I can tell.  Of course it all depends on how you define "loan" and "lawful sporting purpose".

That language is there for situations where if someone not from your state visits and you go hunting or to the range together, you can loan that person a firearm and legally no transfer has occurred.  It in no way covers your scenario.


You may well be correct.  Strictly by the language of the above text, though, I see no reason it would not apply.  Do you know of a section where "loan" is defined narrowly or something?

Just to be clear, my proposed scenario would be for storage only (lawfully sporting storage ).  The other party would not be using the gun.
Link Posted: 4/21/2016 9:59:35 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I found this:



This appears to apply so far as I can tell.  Of course it all depends on how you define "loan" and "lawful sporting purpose".
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I found this:

U.S. Code › Title 18 › Part I › Chapter 44 › § 922

(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 (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;...


This appears to apply so far as I can tell.  Of course it all depends on how you define "loan" and "lawful sporting purpose".

Your idea isn't part of the common interpretation of that section.
Link Posted: 4/26/2016 2:12:41 PM EDT
[#14]
Make sure you have plenty of money around.

Attorneys for federal cases tend to be pricey.
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