View Single Post
Old October 29, 2013, 10:38 AM   #9
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by RX-79G
Not to suggest anything illegal, but is there really anything wrong with leaving your pistol in your mother's safe keeping?...
As dogtown tom has pointed out, you are in fact suggesting illegal conduct. And it's illegal conduct which can have grave consequences.

You clearly do not understand the law. Where legal issues are concerned you should not be spouting off about things you don't understand. You could get someone into a lot of trouble.

Quote:
Originally Posted by RX-79G
...Is there a legal difference between one private shipper (Mom) and UPS?...
There most definitely is. In the law, the term "common carrier" means (emphasis added):
Quote:
1.a company offering services to the public over wires or satelite systems. 2. a transporter that serves all public, follows a schedule, carries specified cargo, and is the carrier of the contract or carriage...
Quote:
Originally Posted by RX-79G
...In the end, a transfer is just about who owns a gun, rather than who has possession of it...
Absolutely wrong.

Possession means:
Quote:
1 a : the act of having or taking into control...
Transfer is about possession, not ownership.

Some definitions of "transfer" (emphasis added):

Let's look at the statutes again:
  1. 18 USC 922(a)(3), which provides in pertinent part (emphasis added) as follows:
    Quote:
    (a) It shall be unlawful—
    ...

    (3) for any person, ... to transport into or receive in the State where he resides ...any firearm purchased or otherwise obtained by such person outside that State,...
  2. And 18 USC 922(a)(5), which provides in pertinent part (emphasis added) as follows:
    Quote:
    (a) It shall be unlawful—
    ...

    (5) for any person ... to transfer, sell, trade, give, transport, or deliver any firearm to any person ...who the transferor knows or has reasonable cause to believe does not reside in ... the State in which the transferor resides..;

In 922(a)(3) the statute refers to transporting or receiving a firearm obtained -- words broader than ownership and consistent with possession. In 922(a)(5), the references to "transfer", "sell", "transport" and "deliver" are also consistent with possession and broader than ownership.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

Last edited by Frank Ettin; October 29, 2013 at 10:45 AM.
Frank Ettin is offline  
 
Page generated in 0.02658 seconds with 8 queries