Thread: Legal Question,
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Old October 31, 2017, 12:16 AM   #14
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by MTT TL
....So say I buy a firearm in State "X", I then move to State "Y" and become a resident there.

I go back to visit family in State "X" bringing back said firearm. Can I then let someone possess it that is a resident of State "X"? ......
In general, no -- at least not without doing a transfer through an FFL. There is, however, a narrow exception.
  • You may transfer it to someone in State "X" as a temporary loan for a lawful sporting purpose. See 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; except that this paragraph shall not apply to
    (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest ..., and

    (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
    ...
  • So under federal law a resident of one State may loan a gun to a resident of another State, but only temporarily and only for a lawful sporting purpose.

    • Temporary means:
      Quote:

      : continuing for a limited amount of time : not permanent

      : intended to be used for a limited amount of time
    • Sporting means (in this context):
      Quote:
      ...of, relating to, used, or suitable for sport...
    • Purpose means (in this context):
      Quote:
      : the reason why something is done or used : the aim or intention of something

  • So a court is likely to look at the "temporary loan for a lawful sporting purpose" exception to the prohibition on interstate transfers to apply when a gun is loaned so that the person it's been loaned to can engage in a specific sporting activity (i. e., a hunt, a competition, etc.) of limited duration. "Temporary" would refer to the duration of that activity. Such an interpretation would be consistent with the common meanings of the words used in the statutes and the underlying purpose (controlling interstate transfers of firearms) of GCA68......

Quote:
Originally Posted by MTT TL
...or someone from "Y" who came with me for that matter?...
Under GCA68 you may (but you must also consider the laws of State "X"). But he can't then bring it back to State "Y" without violating 18 USC 922(a)(3) (see post 8).

It's possible to construct bizarre hypotheticals around GCA68. However, the statutes say what they say, and courts will apply the statutes as written and as I've outlined unless there is legal authority leading to a different conclusion.
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