Is this legal?

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Ack Ack

    Active Member
    Sep 4, 2013
    274
    DC
    I'm a district resident and own a few registered handguns. The guns are all registered to me. I'd like my wife to be able to go out to the NRA range and take a class using one of the guns we own. I'm wondering if she could legally transport them to the range (by herself, locked in the trunk etc...). Is this OK under federal statute (i.e. legal activity to legal activity)? Or does the fact that that she isn't the registered owner make this illegal in DC. I'm pretty sure she's fine once in VA, but it's the DC/MD side I'm concerned with. All that said, even if it's legal, I probably wouldn't take the risk, but I'd like to know if it's technically OK.
     

    WeaponsCollector

    EXTREME GUN OWNER
    Mar 30, 2009
    12,120
    Southern MD
    Amendment IV
    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,
    and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched,
    and the persons or things to be seized.
     

    PJDiesel

    Banned
    BANNED!!!
    Dec 18, 2011
    17,603
    I have a few I have been borrowing since around 2004. Not sure of the legalities of that, but, I transport and shoot one of them fairly regularly.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,466
    Westminster USA
    From BATFE FAQ:

    Q: From whom may an unlicensed person acquire a firearm under the GCA?

    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
     

    Ack Ack

    Active Member
    Sep 4, 2013
    274
    DC
    Thanks for all the great info! I found this on DC's firearms page:

    "Firearms or ammunition may not be loaned, borrowed, given, or rented to or from another person."

    All things being equal, Fed law should trump this, correct? As much as I'm aware that the likelihood of anything happening is very remote, I'm probably not going to risk it. My wife wouldn't be too pleased with me if anything happened, even if it turns out OK in the end.
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    Thanks for all the great info! I found this on DC's firearms page:

    "Firearms or ammunition may not be loaned, borrowed, given, or rented to or from another person."

    All things being equal, Fed law should trump this, correct? As much as I'm aware that the likelihood of anything happening is very remote, I'm probably not going to risk it. My wife wouldn't be too pleased with me if anything happened, even if it turns out OK in the end.

    Fed law would not trump local in this instance. The Feds aren't saying must allow, just that there is no prohibition on it at the fed level. Looks like there is a prohibition at the DC level.
     

    Biff_N

    Active Member
    Jan 7, 2010
    381
    Go with her and avoid the issue. Since they are in your name, you would transport them out of DC and you could loan it to her in VA.
     

    Ack Ack

    Active Member
    Sep 4, 2013
    274
    DC
    Go with her and avoid the issue. Since they are in your name, you would transport them out of DC and you could loan it to her in VA.

    That's actually an interesting idea. Our house is only about 1/4 mile from the MD line. Once she's in MD she'd be OK correct?
     

    rascal

    Ultimate Member
    Feb 15, 2013
    1,253
    Within DC you are both committing a crime. She is only allowed to touch your weapon to legally defend herself or others.

    In Va it is not.

    You need to ride with her to the Virginia state line (and back) or go with her.

    It is a funny irony of gun laws written by anti gun people who create situations where people need to buy more guns not less in order to conform to the laws.

    DC laws make it necessary to buy multiple guns. If you live with your wife and adult daughter and want a pistol and rifle -- get three of each. If you lived in Virginia you would just need one pistol and one rifle. If you live in DC you want three of each because of DC's laws.

    Even if you wife can pass al requirements, NCIC, training testing etc, she cannot get a permit to touch your weapon. She needs to buy her own. Two people, even married, cannot be licensed on one firearm

    For her to be in possession of your weapon, even with no ammo and locked in the trunk in a strong box, on the way to lessons, training or even just once a month practice would be a serious crime for both of you while in DC.

    This situation of "strong" gun control laws mandating MORE gun purchases is likely to occur in other jurisdictions as well.

    "Strong" gun control laws also ironically are making people get more guns in DC, they also drive people nationwide toward carry permits, not always because people want to carry, but because a carry permit gives you lots of legal protection -- say if a cop or court says your soft sided locked range bag in the back of your SUV is not secure enough. With a carry permit that is moot.

    My recommendation for spouses in DC is two handguns of same make/manual of arms and caliber, but different finish or size. That way you or your wife don't have any familiarity/proficiency operating issues in using each others' in emergency self defense, which is legal for you to use each others; but you are less likely to commit a felony in DC by taking the wrong firearm to the range.
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    275,423
    Messages
    7,281,033
    Members
    33,451
    Latest member
    SparkyKoT

    Latest threads

    Top Bottom