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Old December 27, 2012, 12:31 PM   #1
tom49
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letting my brotherinlaw borrow my handgun ???

is there any way i could get in to trouble if he used to defend his home ???
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Old December 27, 2012, 12:39 PM   #2
Alabama Shooter
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If he is a prohibited person and you gave him a gun knowing that you could be prosecuted. So far as law suits go that is a civil matter.
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Old December 27, 2012, 01:49 PM   #3
MLeake
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Does he live in your state? If not, you could have some issues with federal laws on interstate transfer.
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Old December 27, 2012, 02:01 PM   #4
Stressfire
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If you are both a resident of the same state and he is not a prohibited person (i.e. convicted felon) - generally I would say you would be legally allowed to do so.

Your state law may be more restrictive
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Old December 27, 2012, 02:30 PM   #5
Technosavant
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Quote:
Originally Posted by Stressfire
If you are both a resident of the same state and he is not a prohibited person (i.e. convicted felon) - generally I would say you would be legally allowed to do so.

Your state law may be more restrictive
I agree with this. Federally, so long as it isn't crossing a state border and he is legally able to have a firearm (not convicted of any felony or a misdemeanor of domestic violence), it's fine.

In some states it would still not be legal. In most it would be OK. For example, in MO, it would be just fine. In Illinois, he would need to have a FOID.
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Old December 27, 2012, 03:29 PM   #6
Frank Ettin
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Quote:
Originally Posted by tom49
...is there any way i could get in to trouble...
There will always be ways you could get into trouble if you try hard enough. But you should generally be okay loaning a gun to your brother-in-law, subject to the following:
  • Loaning him a gun is a transfer, and you will need to follow any laws applicable to the transfer of a handgun. If he lives in your State, there will probably be no or minimal formalities required, but you need to check that out. If he lives in another State, you need to comply with federal interstate transfer laws.

  • If there's any reason under either federal or state law he would be prohibited from possessing a gun (e. g., convicted felon, unlawful user of a controlled substance, subject to a domestic restraining order, plus a bunch of other possible reasons), loaning him a gun could be a crime.

  • Are you aware of any reason why he ought not have a gun (e. g., strange behavior, particular psychiatric history, a history of poor impulse control or violent fits of temper, etc.)? If you loan your brother-in-law a gun, and he uses it inappropriately to hurt someone, you could become the subject of a civil suit seeking damages on the grounds that you were negligent giving him a gun.

  • Do you have any reason to believe that your brother-in-law can't manage a gun safely? If he hurts someone with the gun through his negligence you could be dragged in if there's any way to claim that you should have known that with a gun he would be likely to be a danger to himself or others.
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Old December 27, 2012, 04:42 PM   #7
Mr.Scott
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I wouldn't. I would never let someone use one of my guns unless they were under my supervision at the gun range.
Once it leaves your site, it can be used for anything. Most people won't believe that a family member would commit a crime but it happens.
He needs to go get his own gun.
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Old December 27, 2012, 09:15 PM   #8
SVO
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In this day and age of lawyers, I'd say you would be better off to loan the BIL the money and let him buy his own gun.
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Old December 27, 2012, 11:18 PM   #9
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SVO suggested what I was thinking about suggesting. I would prefer to loan cash, vs a gun.

In my parents' case, I bought them one, and had it shipped to their FFL (we are not in the same state).
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Old December 27, 2012, 11:45 PM   #10
hermannr
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It would be valuable to know what state(s) we are talking about. CA, NY, NJ, IL come to mind where transfer laws are not what the rest of the country lives with.

OR, WA, ID, MT and most of the states I know.....if you both live in the same state it would be no problem at all. In NY it becomes a big problem quickly.
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Old December 28, 2012, 01:05 AM   #11
tom49
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we both live in michigan he is not a fellon. someone i would trust with my life... lol. just i have a gun i would like to keep at his house...he lives in hunting area we hunt and i live in city....
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Old December 28, 2012, 10:43 AM   #12
jwm3
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Michigan resident

As a Michigan resident I strongly urge you not to loan a gun to anyone who does not have a CCW. It not legal. See the MGO (Michigan Gun Owners) forum for more info.
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Old December 28, 2012, 10:49 AM   #13
Lordy123
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Quote:
As a Michigan resident I strongly urge you not to loan a gun to anyone who does not have a CCW. It not legal.
Can you clarify this at all? I find no law that says this.
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Old December 28, 2012, 10:56 AM   #14
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Quote:
As a Michigan resident I strongly urge you not to loan a gun to anyone who does not have a CCW. It not legal.
To keep in the house? I'm a bit perplexed myself.
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Old December 28, 2012, 11:08 AM   #15
jwm3
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citation

http://www.legislature.mi.gov/docume...06-PA-0075.htm

Bad reference.... It has been updated four (4) times since the bill was first passed

Try this one:

MCL 28-432

Quote:
(i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.
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Old December 28, 2012, 11:16 AM   #16
Stressfire
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Huh....well I'll be....

http://www.michigan.gov/msp/0,4643,7...5113--,00.html

Seems to me to apply only to carry though (IANAL, by the way)
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Old December 28, 2012, 11:21 AM   #17
Lordy123
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You learn somethin new everyday...

http://www.legislature.mi.gov/(S(bio...ame=mcl-28-422

Thanks for the citation jwm3.
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Old December 28, 2012, 07:41 PM   #18
Warrior1256
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I don't loan any of my firearms unless the person using it is under my direct supervision. In todays world you could be found civily or criminally liable if you loan out your firearm and someone gets hurt.
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