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Old March 12, 2013, 09:22 PM   #19
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 5,037
Ok. I have now read the bill, though not with as much depth as I want to. That said, let's take a look at the exemptions:
Quote:
gifts (but not loans) between spouses, between parents and their children, between siblings, or between grandparents and their grandchildren
This creates a fairly silly scenario in which:
  1. My father can give me, my brother, or my nephew (my father's grandson) a gun.
  2. My brother can give my father, me or my nephew a gun.
  3. I can give my brother or my father a gun, but if I want to give my nephew a gun, we have to go to an FFL.

Quote:
a transfer made from a decedent’s estate, pursuant to a legal will or the operation of law
I'll need to digest this one before commenting further.

Quote:
a temporary transfer of possession, as long as the actual transfer occurs within the home of the owner, is not removed from the owner's home, and lasts less than 7 days
When you look at the actual language, this one is fairly squirrelly. That's the Arkansaslawyer technical term. Let's start with the language in the bill:
Quote:
‘‘(3) For purposes of this subsection, the term ‘transfer’—

‘‘(A) shall include a sale, gift, loan, return from pawn or consignment, or other disposition; and

‘‘(B) shall not include temporary possession of the firearm for purposes of examination or evaluation by a prospective transferee while in the presence of the prospective transferee.
And every "transfer" has to go through an FFL. However, some transfers are excluded.
Quote:
Paragraph (1) shall not apply to— . . .
‘‘(C) a temporary transfer of possession that occurs between an unlicensed transferor and an unlicensed transferee, if —

‘‘(i) the temporary transfer of possession occurs in the home or curtilage of the unlicensed transferor;

‘‘(ii) the firearm is not removed from that home or curtilage during the temporary transfer; and

‘‘(iii) the transfer has a duration of less than 7 days; and . . . [stuff about shooting ranges]
So, beginning with (i), I can loan someone a gun, if the loan is of short (<7 days) duration, and the loan occurs within my home or curtilage, and the firearm remains in my home or curtilage. For some bizarre reason, I cannot loan my buddy a gun at his house, though. We can plink at my house, but not his. . .

And then there's that "curtilage" word:
Quote:
cur·ti·lage [kur-tl-ij]
noun Law.
the area of land occupied by a dwelling and its yard and outbuildings, actually enclosed or considered as enclosed.
(Source: http://dictionary.reference.com/browse/curtilage?s=t)
So my buddy and I can go plink off my deck or in my back yard (but not his), but as soon as we step out into the pasture to plink, I can't hand him my plinker, 'cuz that's not curtilage.

I can give my brother a rifle, forever and for good, but I can only loan him one to plink for an afternoon if we're in my back yard. Not his, and not in the pasture.

Quote:
if the transfer occurs at a shooting range, but the firearm remains at the range
There's more to it:
Quote:
[The FFL-transfer requirement doesn't apply to]: (D) a temporary transfer of possession without transfer of title made in connection with lawful hunting or sporting purposes if the transfer occurs—

‘‘(i) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms and the firearm is, at all times, kept within the premises of the shooting range;

‘‘(ii) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization and the firearm is, at all times, kept within the premises of the shooting competition; and
"at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms" -- What about private shooting ranges? I don't think these qualify as organizations "duly incorporated . . . for conservation purposes or to foster proficiency in firearms." The Arkansas Game and Fish Comm'n range, sure, but what about Bob's Shootin' Lanes? I'd say it's organized for to turn a profit, not for conservation or to foster proficiency. That may be a nice side-benefit, but it's not the purpose. What if Bob's Shootin' Lanes is a sole proprietorship? It may not be a smart move on Bob's part, but this provision seems to expressly exclude him.

I'll get back to the hunting issues later.
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