Can you legally transport a handgun for a family member?

[AlBeight]

I’m not sure where to post this so I’ll leave it here. I can’t find anything in our forumn search to address this, or I don’t know how to look for it. Anyway, I’m riding with my sister next Saturday to her vacation condo in Myrtle Beach to do some small cleanup and repairs due to Hurricane Ian. I’ll be riding in her car on the way down, but flying home Monday night. I plan to concealed carry from MD to South Carolina and around Myrtle while I’m there, but don’t really want to play the TSA firearm check game for my flight home....so can I just let my sister bring it home for me the following weekend (I’ll unload it and case it for her)?

Could either her, me, or both get into some trouble for that if for some reason it’s discovered by “the man”?

My gut says it’s no problem, but the rules of MD, VA, NC, and SC are probably all different. Does anyone have any firsthand knowledge of this practice, I feel like it’s a deep seated BGOS that’s causing me to make too much out of this. Do I have a real concern here or is this a big “nothing burger”?

 

[Garet Jax]

Does she have a permit to carry?

Mail it back.

 

[AlBeight]

Does she have a permit to carry?

Mail it back.

No she doesn’t, but I’m trying to decide if there’s a difference between “carrying” and “transporting”. Before I got my carry permit, whenever I took my handguns anywhere, I was “transporting” them, unloaded in a case (but then I am the owner). Just wondering if there would be any difference if she is transporting them for me?

 

[Garet Jax]

No she doesn’t, but I’m trying to decide if there’s a difference between “carrying” and “transporting”. Before I got my carry permit, whenever I took my handguns anywhere, I was “transporting” them, unloaded in a case (but then I am the owner). Just wondering if there would be any difference if she is transporting them for me?

If she doesn't have an HQL, then I think she runs afoul of this law:

§5–101 (s) “Rent” means the temporary transfer for consideration of a regulated firearm that is taken from the property of the owner of the regulated firearm.

The firearm is not at the owner's property but is in her control - she has "rented" it which she can't legally do without an HQL. Even if she does have an HQL, I would just ship the gun home and not take the chance.

PS - IANAL

 

[AlBeight]

If she doesn't have an HQL, then I think she runs afoul of this law:



The firearm is not at the owner's property but is in her control - she has "rented" it which she can't legally do without an HQL. Even if she does have an HQL, I would just ship the gun home and not take the chance.

PS - IANAL

Somehow shipping it home seems like way more trouble than it will be worth, finding a FFL there and setting up with an FFL up here. I may just not take it, I made it 54 years + without it, and carrying for the last 6 weeks has spoiled me.

My whole conundrum is because I’ve never flown with a firearm before and I’m a little unsure about doing it for the first time. I may just bite the bullet and learn how to do it on this trip.

Thanks for the advice.

 

[Garet Jax]

Somehow shipping it home seems like way more trouble than it will be worth, finding a FFL there and setting up with an FFL up here. I may just not take it, I made it 54 years + without it, and carrying for the last 6 weeks has spoiled me.

My whole conundrum is because I’ve never flown with a firearm before and I’m a little unsure about doing it for the first time. I may just bite the bullet and learn how to do it on this trip.

Thanks for the advice.

No need to go through FFLs since you are not transferring the firearm. Just ship it directly to yourself. I have never flown with a gun either and wouldn't feel comfortable doing so. If your plane is redirected by weather or emergency and you land in a number of cities and states (NJ, NY Chicago, etc...), you have just broken the law. Unfortunately, these places have shown they will prosecute those cases. You will find yourself a felon, will serve jail time and will lose your right to have a gun.

 

[AlBeight]

No need to go through FFLs since you are not transferring the firearm. Just ship it directly to yourself. I have never flown with a gun either and wouldn't feel comfortable doing so. If your plane is redirected by weather or emergency and you land in a number of cities and states (NJ, NY Chicago, etc...), you have just broken the law. Unfortunately, these places have shown they will prosecute those cases. You will find yourself a felon, will serve jail time and will lose your right to have a gun.

You’re not helping my BGOS!

 

[rseymorejr]

If she doesn't have an HQL, then I think she runs afoul of this law:



The firearm is not at the owner's property but is in her control - she has "rented" it which she can't legally do without an HQL. Even if she does have an HQL, I would just ship the gun home and not take the chance.

PS - IANAL

Key words-For consideration. Unless he's charging his sister for the privilege of bringing hos gun back to him this section does not apply.

OP- Unload it, case it and let her bring it to you.

 

[teratos]

If you know she’s not prohibited, I don’t see a problem. I loan handguns to friends in MD all the time who have no HQL.

The firearm is not at the owner's property but is in her control - she has "rented" it which she can't legally do without an HQL. Even if she does have an HQL, I would just ship the gun home and not take the chance.

PS - IANAL

No, she hasn’t rented it. She didn’t pay to temporarily take possession. Gratuitous loans with no money changing hands and a defined finite term of possession will be fine. This is a loan. Not a rental, transfer or sale.

Gratuitous loans have been, and continue to be, legal.

 

[John from MD]

I do this with my brother all the time. We even lend guns to each other and keep them until we see each other again. Her transporting it, unloaded and cased, would be no different than my wife transporting it. We aren't required to carry documents saying that the gun belongs to you.

 

[lazarus]

If she doesn't have an HQL, then I think she runs afoul of this law:



The firearm is not at the owner's property but is in her control - she has "rented" it which she can't legally do without an HQL. Even if she does have an HQL, I would just ship the gun home and not take the chance.

PS - IANAL

Nope. The law says "consideration". Legally that means she is PAYING you to borrow the firearm. Gratuitous loans of a regulated firearm are perfectly legal in Maryland (borrowing) so long as you are not prohibited.

Your sister would need to follow all transport laws on the books when she is in Maryland as well as FOPA on the states she is traveling through. In Maryland it would need to be in an enclosed holster or case and unloaded. Probably best to keep it in the trunk if there is one (but NOT required).

 

[teratos]

“Are there any guns in the car?”

“There is nothing illegal in the car”.

 

[DFresh64]

If you are flying home it's really not that difficult to check it. Are you flying Spirit or Southwest direct to BWI ? I have flown those flights dozens of times as I have a couple rental properties there as well as family.
Really the chances of that flight being diverted are slim to none so no worry about any odd situation where you are stranded in a state "outside the airport" with your "checked firearm"

Now the only downside to that is at BWI it takes longer for your luggage to come out then the actual direct flight takes.

Also MYR airport is so small and efficient that the time it takes to check the firearm would be minimal also.

Just my 2 cents....

 

[outrider58]

Handguns are easy to fly with. That said, like others replied here, case it unloaded and put it wherever here luggage will be in her car.

 

[SkiPatrolDude]

You are overthinking this. Check your firearm and fly it home.

 

[magnumpi]

Check it and fly with it. It is easier than most think. I have done it many times with zero issues. I can lend you a locking case if you need one.

 

[AlBeight]

Good advice all. Definitely overthinking it. BTW, I wasn’t planning on taking any luggage beyond a carry-on backpack, I should’ve added that info to the equation originally. I’d surely want to have a bag to put the locked case in, and as of now I’m not leaning that way. In the trunk it goes. Thanks again!

 

[USAF05]

Somehow shipping it home seems like way more trouble than it will be worth, finding a FFL there and setting up with an FFL up here. I may just not take it, I made it 54 years + without it, and carrying for the last 6 weeks has spoiled me.

My whole conundrum is because I’ve never flown with a firearm before and I’m a little unsure about doing it for the first time. I may just bite the bullet and learn how to do it on this trip.

Thanks for the advice.

It’s pretty painless. I fly out of DCA all the time no issues. Just make sure you don’t have any stray rounds in your carry on..they frown upon that.

 

[Garet Jax]

Key words-For consideration. Unless he's charging his sister for the privilege of bringing hos gun back to him this section does not apply.

OP- Unload it, case it and let her bring it to you.

If you know she’s not prohibited, I don’t see a problem. I loan handguns to friends in MD all the time who have no HQL.

No, she hasn’t rented it. She didn’t pay to temporarily take possession. Gratuitous loans with no money changing hands and a defined finite term of possession will be fine. This is a loan. Not a rental, transfer or sale.

Gratuitous loans have been, and continue to be, legal.

I do this with my brother all the time. We even lend guns to each other and keep them until we see each other again. Her transporting it, unloaded and cased, would be no different than my wife transporting it. We aren't required to carry documents saying that the gun belongs to you.

Nope. The law says "consideration". Legally that means she is PAYING you to borrow the firearm. Gratuitous loans of a regulated firearm are perfectly legal in Maryland (borrowing) so long as you are not prohibited.

Your sister would need to follow all transport laws on the books when she is in Maryland as well as FOPA on the states she is traveling through. In Maryland it would need to be in an enclosed holster or case and unloaded. Probably best to keep it in the trunk if there is one (but NOT required).

Thanks for straitening me out.

 

[AlBeight]

Thanks for the education gentlemen, as always. Unfortunately I don’t get to put these solutions into practice, my sister just called to cancel the trip. Apparently the storm damage is worse than she originally thought, they need to have professional mold remediation done. Hard to believe all that damage from the refrigerator icemaker line breaking (even harder to believe the storm outside the building somehow broke her refrigerator icemaker supply line inside). I’ll put these suggestions to use sometime in the future, when I end up going down there to help renovate and repair. I’ll let you know which solution I go with when that time comes. Thanks again.