Loaning handgun to family member to carry

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  • Ammo Jon

    Ultimate Member
    Mar 3, 2008
    21,068
    I don’t own any Glocks.
    1702304315980.gif
     

    Ellis Gordon

    gordoninmontgomerycounty
    Jan 25, 2016
    77
    Bethesda, MD
    From the ATF:

    To whom may an unlicensed person transfer firearms under the GCA?​


    A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.
    Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.
    A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.
    A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
    [18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]


    Last Reviewed January 30, 2020
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,110
    From the ATF:

    To whom may an unlicensed person transfer firearms under the GCA?​


    A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.
    Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.
    A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.
    A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
    [18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]


    Last Reviewed January 30, 2020
    A loan is NOT a transfer.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    There is also a court case saying it’s legal.

    And as mentioned, even with the changes in the MD law, that portion was not changed by recent changes
     

    BurkeM

    Ultimate Member
    MDS Supporter
    Jan 8, 2014
    1,681
    Baltimore
    I have my MD wear-and-carry permit. So does my sister. We don't reside in the same household. She's interested in one of my recent purchases, and may want one for herself. Could I legally loan her the handgun, and would she be within her rights (as currently applicable Maryland law sees them) to carry it to see how she likes it?
    Anyone with a HGP can carry any handgun. No restrictions apply other than places prohibited by law.
     

    Art3

    Eqinsu Ocha
    MDS Supporter
    Jan 30, 2015
    13,324
    Harford County
    What about the magazine, if it is >10 ?

    Noooo !
    You went *there * in an already jacked up thread !
    Admittedly, part of me was setting this up for the age old, "I heard it's illegal to carry a >10 mag in MD..." myth, kinda just to :poke: (:secret: for those who don't know, it is only illegal if you commit a crime).

    BUT...then I got to thinking...isn't letting someone borrow (as in, take home...away from my supervision) a std cap mag an illegal transfer of the magazine under FSA2013?

    Does:
    A loan is NOT a transfer.
    apply to magazines as well? I'm actually not trying to be flippant here (believe it or not...for once). I hadn't thought about it like that before, but maybe my father and I don't have to go to PA for switch-a-rooing our long term loans of magazines. :shrug:
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,256
    Harford County
    Admittedly, part of me was setting this up for the age old, "I heard it's illegal to carry a >10 mag in MD..." myth, kinda just to :poke: (:secret: for those who don't know, it is only illegal if you commit a crime).

    BUT...then I got to thinking...isn't letting someone borrow (as in, take home...away from my supervision) a std cap mag an illegal transfer of the magazine under FSA2013?

    Does:

    apply to magazines as well? I'm actually not trying to be flippant here (believe it or not...for once). I hadn't thought about it like that before, but maybe my father and I don't have to go to PA for switch-a-rooing our long term loans of magazines. :shrug:
    You spend way more time thinking about Maryland magazine laws than I do LOL!
    And for the record any time My son and I swap around mgazines we do it in Quarryville. LOL!
     

    Art3

    Eqinsu Ocha
    MDS Supporter
    Jan 30, 2015
    13,324
    Harford County
    You spend way more time thinking about Maryland magazine laws than I do LOL!
    And for the record any time My son and I swap around mgazines we do it in Quarryville. LOL!
    My dad and I do at Delta ;)

    For just a moment, I just tried to put my thinking into the mind of an anti (I'm still nauseas and my butthole aches for some reason) who was furious about the legality of loans, and that just popped in my head like the kind of "gotcha bitch!" loophole that they would look for. :shrug:
     

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