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Old August 1, 2012, 04:21 PM   #15
dogtown tom
Senior Member
 
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 1,505
Quote:
Willie Sutton "Once again, nope.Your understanding of common law is terrible"


And, for the first time:

"Your understanding of federal firearms transfer law is terrible".
Ummmm............you don't understand ATF regulations or Federal law any better than you do common law.

You made this statement above: "Willie Sutton ....If YOU posess the guns, they were TRANSFERRED to you, and YOU are the owner."

You repeatedly told the OP that he was the OWNER of the firearms......which is utter nonsense.

Whether possession was ever transferred legally or illegally, the ownership never changed. You are completely and wholly wrong as to the ownership of the firearms.

And it's possible for the firearms to have never been transferred in any manner if they were stored by the son with the intent to retrieve them later.

Example: Son, the felon lives with his father (bounced from place to place as the OP put it) and stored his firearms there. As he was living there, he likely never transferred the firearm to his father.....they were just stored there when he moved on. Under common law the firearms are still owned by the son, but he is not in actual possession. If he were not a felon he could actually return to his fathers state and take possession legally as they were simply left in storage.

Now that the son is out of state and a felon there is no legal way for him to possess any firearm. He continues to OWN those firearms, but Federal law prohibits him from possessing them. He CAN direct how the OP disposes of the firearms, otherwise the OP may be facing a charge of "conversion". It is possible that property abandonment laws are applicable, but typically that requires legal notice to the owner.


Quote:
Stressfire ..... There is no such thing as loaning a firearm.
Again, more wrong info.
Quote:
Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. 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. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
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