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Old August 5, 2012, 05:57 PM   #49
Willie Sutton
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Join Date: January 26, 2012
Posts: 1,066
"Within the state of VA I can certainly lend a person a gun without the assumption that they now own it."

Once again, I think we have discussed the difference between "ownership" which deals with the legality of contracts, IE: "money exchanged" and "posession", which is the question regarding state and federal laws regarding the "exchange of a firearm between one party and another".


Let's stick to the second question for the following:


Hypothetical: I am going to "loan" you a firearm. For how long can we persuade a cop or DA that it was an actual loan and that I did not transfer it to you?


To shoot a cylinder of six at a target? Sure. Except maybe in New York. Or maybe elsewhere too.

To hunt with for the day? Hmmm.. Feds say OK. State law dictate also. In NJ you would go to jail for this *for certain*. All the cop would need to read is "No person may posess a firearm without <fill in the blanks>". It's a transfer. Elsewhere? Legal Mileage may vary. In Texas? They could probably care less.


To hunt with for the week? Hmm... do you allow your buddy to take it home with him? Getting grey here... refer to state law...


To take to Montana for the big hunt? Getting iffy...


To take home and keep for a year? Uhh... no.



Guys: At some time it's no longer a loan, it's a transfer. I cannot believe that people are so obtuse as to fail to get this. In some states a Transfer has no real formal procedure, just "make sure he's from the same state, is of age, and is not known to you to be a prohibited person". In other states it's a BIG DEAL involving permits, paperwork, and mandatory reports. This is where communications between us here has broken down. In many states we don't even think about it... still does not make it untrue. Virginia? Probably at the far right of the "gun transfer hassle factor scale". Transfers are no biggie, in fact folks there don't even likely recognize that one has occured. But loan a gun overnight in California? Forget it.





"I swear it's not mine, officer... I was just holding it for a friend"...



Willie


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Last edited by Willie Sutton; August 5, 2012 at 06:10 PM.
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