Can I Borrow A Friend's Gun ?

AlanInSilverSpring · Jul 11, 2017

Legal ?

Friend of mine has a Taurus 357 6" barrel revolver that I'd like to shoot. He has no interest in going to the range with me but said I could borrow it.

GuitarmanNick · Jul 11, 2017

My understanding is that as long as you are over 21 and not prohibited from owning the handgun, it would be legal to borrow it. I think there is a thread on this somewhere in these forums.

esqappellate · Jul 11, 2017

AlanInSilverSpring said:
Legal ?

Friend of mine has a Taurus 357 6" barrel revolver that I'd like to shoot. He has no interest in going to the range with me but said I could borrow it.

Do you have a HQL? If so, no problem. If not, then the issue is whether the prohibition on "receipt" and receive in 5-117.1 and 5-144 of Public Safety includes temporary receipt (borrowing). This issue is being litigated in MSI's HQL lawsuit.

Biggfoot44 · Jul 11, 2017

So C&R may be loaned without potential issues then ?

AlanInSilverSpring · Jul 11, 2017

esqappellate said:
Do you have a HQL? If so, no problem. If not, then the issue is whether the prohibition on "receipt" and receive in 5-117.1 and 5-144 of Public Safety includes temporary receipt (borrowing). This issue is being litigated in MSI's HQL lawsuit.

Yes, I have a HQL. Carry it in my wallet so it's always with me.

Question..... So currently you must have a hql to purchase a regulated firearm and also just to be in possession of one ?

mxrider · Jul 11, 2017

AlanInSilverSpring said:
Yes, I have a HQL. Carry it in my wallet so it's always with me.

Question..... So currently you must have a hql to purchase a regulated firearm and also just to be in possession of one ?

Not to be in possession of one, but to borrow where the owner does not maintain control. This portion had much discussion when it came to people renting a firearm at a range and was determined that an HQL was only needed if the firearm left the building (renting for a hunting trip etc.).

Biggfoot44 · Jul 11, 2017

But also distinctions between Rentals , and gratitous loan, to even further muddy things.

dad4 · Jul 11, 2017

This state sucks! Something as simple as borrowing a gun, by a perfectly good friend, must be scrutinized. I tire of the whole MD 2A sh**t.

esqappellate · Jul 11, 2017

AlanInSilverSpring said:
Yes, I have a HQL. Carry it in my wallet so it's always with me.

Question..... So currently you must have a hql to purchase a regulated firearm and also just to be in possession of one ?

It is unclear what "receipt" means. You prove receipt by virtue of possession. If the receipt was permanent, then you must go through the 77R process on transfers of regulated firearms. FWIW, I never "loan" or "borrow" regulated firearms, just because of these types of issues. If the "loan" was actually a gift (in the mind of the prosecutor) (and thus permanent), a failure to go through the 77R process is quite criminal.

AACo · Jul 11, 2017

Just my 2c. If it were me, I'd want something in writing from the owner, saying I have permission to be in possession of the firearm. Just like I wouldn't walk onto private property without written permission.

IANAL. Maybe see if the owner would want to take a range trip? Avoid any/all legal issues.

AlanInSilverSpring · Jul 11, 2017

dad4 said:
This state sucks! Something as simple as borrowing a gun, by a perfectly good friend, must be scrutinized. I tire of the whole MD 2A sh**t.

AGREED ! I wish I could get escape :sad20:

danb · Jul 11, 2017

Where it would get even more dicey is if there was an email or text to the effect "sure you can try before you buy." If you are thinking possibly of buying, or your friend is thinking of selling, a prosecutor could engage in a lot of monday-morning quarterbacking and say you intended to buy. After the fact, every single defendant will argue that the borrowing was temporary. Keep in mind, you may be innocent, but it may cost you a truckload of legal fees and a trial to establish it. Overall, I only let people shoot my stuff in my presence and vice versa.

A 6" 357 Taurus is just not worth it**. A Colt Python, another story. But whose going to let that out of their sight?

** How it ends: You want the 6" Smith and Wesson 686+ . Trust me. =)

Can I Borrow A Friend's Gun ?

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