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Posted: 11/22/2005 6:31:05 AM EDT
I live in Illinois, but travel to Virginia every two months or so. I usually bring along an AR and sometimes a pistol to head to the range that I was a member at when I lived there a few years ago. I always stay with family when I travel down there, so my question is, can I just leave a rifle there to shoot when I visit?

I know I couldn't sell them a rifle without going through an FFL, but is it legal for them to keep it there for me?

I don't really want to tell my uncle that he couldn't take it to the range when I'm not there, either, so could he legally take my gun shooting without me there?


I know that it probably won't matter because someone would have to run the numbers to even know it's not his, but I'd just like to know the laws before I do anything.

Thanks

Link Posted: 1/10/2006 9:44:23 AM EDT
anybody there?
Link Posted: 1/12/2006 5:28:27 PM EDT
In my OPINION, It would be legal to leave your rifle there as long as it was kept in a seperate locked room or maybe a locked container.
You would be the only one who would be able to have a key to the room or container.
Therefore your uncle would not be able to take posession of it and shoot it while you were gone as this would be a "Transfer" under federal law and therefore would require the services of an FFL.

I am basing this opinion on an ATF letter that stated if someone who owned a machine gun or other NFA firearm moved out of state and was not allowed to take it with them to their new state of residence, they could leave it at a friend or realative's house in a seperate locked room.
As long as the registered owner kept the key to the room and no one else had a key the gun was considered to still be in the posession of the original owner.
Link Posted: 1/16/2006 8:41:11 PM EDT
I agree with Big Hunt.
[I am assuming that possession of these guns is legal in Virginia.]
Residency of Virginia (where you leave your guns) is (probably) not required in order to buy or rent property. Securing your gun in property you rent is the same as securing it in property you own.

One thing you DON'T want to do is leave it with someone else. I asked if I could leave my 9mm with the operator of a gun range (who was also an FFL dealer) and he said he'd have to do a background check before he returned it to me! The law in Virginia may also interfere with 'legal transfers' to other persons. It don't matter if you are selling it or just leaving it with your uncle, mother-in-law or friend... you are 'transferring' the gun. So if FTF transfers are illegal in the 2nd state, then it'd be illegal to leave it with someone. (This is the case in Kalifornia: I cannot leave a gun with my friends there without legally 'transferring' it. Even a family 'transfer' must be recorded.)

So what are you left with? Renting a locker or other room and leaving your guns there. Of course, the SIZE or LOCATION of such locker isn't legally stated... if you 'rent' a closet there then you should be OK. And if the landlord (i.e. your uncle) happens to leave other things in 'your' locker (i.e., jackets, coats, water heaters, cars, Christmas ornaments, etc.) then its strictly a business deal between you two.he
Locked up in a gun case, or with some kind of disabling device, of course.
Link Posted: 1/18/2006 8:24:13 AM EDT
Shall
Not
Be
Infringed
Link Posted: 2/12/2006 11:00:42 PM EDT
Link Posted: 2/13/2006 6:05:46 AM EDT

Originally Posted By David_Hineline:
There is no law that says you can not lend or gift a title 1 firearm to a person or groups of persons. It's fine that you leave these guns behind with family as long as they are secured from people who can not legally own firearms.




There is such a law if they are residents of a different state.
Link Posted: 2/13/2006 7:46:05 PM EDT
Do be aware that Illionois and MD are both in the process of passing the same AW ban CA did so having an out of state storage location will save you from registration and/or confiscation in the event the AW ban is passed in your state.
Link Posted: 2/14/2006 1:10:11 PM EDT
I don't know abput Maryland's, but the chances are still against an AWB passing in Illinois.

Every year, the Mayor of Chicago brings it up, and every year, it doesn't get anywhere. The antis are 0 for 5 or so in Illinois when it comes to AWBs. I keep hoping they'll give up some year.
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