Saw a video earlier today on this topic and it got me thinking. We know that safe act says we can't do a private sale to someone without involving an FFL, but what if a friend or family member who is concerned and unprepared asked you to borrow a gun? Would it be lawful? You aren't selling it to them. Is the law silent on this? Of course if it were a long gun and you could trust them to keep their mouth shut there would be no way to pin it on you vs. saying it belonged to them all along.
Hey man, can I borrow a gun?
- Thread starter Chevusa
- Start date
MothMan
.338 Win Mag
My brothers, sister and parents have passed soo for my kids they get my guns and me. FU everybody else.
Depends on what kind of gun. No where in the law does it say you cannot sell the gun out of State.
Example, you take the long gun out of State and sell it to someone. A little down the road, a friend of yours happens to go to that State and buys the same gun off the guy you sold it to.
Either that, or maybe you and a friend were shooting on your land and he left one of his guns at your place by mistake.
It really comes down to covering your ass if the lendee does something stupid with the gun. I could see lending to a close family member but not some random acquaintance. If in doubt, go through FFL. Your hands are washed of it at that point.
kev74
20×102mm Vulcan
There is no mention of loaning a firearm in the unsafe law.
If its not illegal, its legal.
If its not illegal, its legal.
IrishMick
.44 mag
That would not be legal unless transfer was made though an FFL. Federal law prohibits the interstate person to person sale of any firearm without being transferred through an FFL. I believe that gifting them to the usual approved entities is permissible even interstate as it is not commerce (as long as you don't have reason to believe they as a prohibited person).
"Loaning" of a rifle or shotgun in NYS I can't seem to find a definitive answer for.
Blimey
.450/400 Nitro Ex
Nope.
If you want a gun you can buy one.
now if the mobs were coming down the street sure at that point I’m giving a quick intro on how to load and passing them out.
If you want a gun you can buy one.
now if the mobs were coming down the street sure at that point I’m giving a quick intro on how to load and passing them out.
Actually, it's more complicated than that. You may not sell a long gun across State lines as I believe you mean it here. You have to transfer a long gun to a resident of a different State through an FFL including BGC. Even if private transfers are legal, doing it across State lines is not. Now, if BOTH of you are residents of the SAME State, and should happen to go to a neighboring State where private transfers are legal, and you sell it to him while in that State, you may have beaten the law preventing private transfers in your State of residency. Maybe not, but that would be an arguement a lawyer could investigate.
spat
.700 Nitro Express
Do you have any guns you acquired before well before SAFE ?
When was it you gave your cousin that shotgun again ?
If you bought it from an FFL after SAFE took affect, then there's no way you could have legally transferred it to them if someone digs into things.
Acer-m14
20×102mm Vulcan
IrishMick
.44 mag
@GOPerfect. It is the law federally. Private sales are allowed between individuals but they must be residents of the same state (depending on state laws). It is illegal to sell a gun to someone who is not a resident of the sellers state. Prior to un-SAFE if I wanted to sell a gun to the guy next door it was completely legal to do so. If the person was from Ohio it would be illegal to do so. I think at one time there was a provision that they could be from a directly neighboring state also, but I don't remember exactly. This is the federal law. Private sales are allowed in many states like they used to be here, however a seller and buyer must be from the same state regardless. In more 2A friendly states the seller often doesn't check the buyers residency when making a sale and there is no law requiring them to do so but if they sell to someone from out of their state both parties have violated the law.
BDinPutnam
.475 A&M Magnum
If you sell a gun out of state it has to go through an FFL, that is federal law.
also not legal. Any time a “non resident“ buys a gun in any state it has to go through an FFL. Doesn’t matter if the non resident selling the gun is from the same state as the buyer.
spat
.700 Nitro Express
I drive 70 on the interstate all the time too, I never get pulled over.
That doesn't mean I can't get a ticket for it if someone wants to write one.
You do not need a permit or a license to process a kind gun. You do not need a background check either.
The Facts are any gun obtained before the SAFE act was signed into law Could have been legally transferred between parties and the state would have no way of telling when it was done.
I believe that would be incorrect. If you are both residents of say.. New York... Then took a day trip to PA, where the "Sale" took place... And then came BACK to NY, I believe that would be a violation. Since, to my knowledge, you are subject to the applicable laws for WHERE you reside, not WHERE you are in that moment. This is why a Putnam County Resident can go into a NYC gun shop and buy a long arm on a Drivers License, while a NYC Resident MUST HAVE A PERMIT to buy a Long Arm in Putnam. At least this is how I have interpreted the statute... But like you said... Might be something a lawyer could clarify...
70? I set my cruise on 80.
spat
.700 Nitro Express
Different areas have different levels of tolerance.
Around here they really like their pretextual stops.
They are constantly bragging on their Facebook about all the drugs and guns they seize during "traffic stops" on 390.
I have no doubt that the stops are all above board, but I also have no doubt they aren't all thinking "that taillight might get me a nice drug bust" every time they make a stop.
I have countermeasures in my vehicle, and if I happen to get stopped so be it. I have nothing to hide. Maybe I’ll get a ticket and maybe I won’t. I’ve had very good luck not getting written.
No time for fucking around. Can't stand people who are just out for a stroll or hanging out in the left lane not passing anyone. I have a very high end radar/laser detector with GPS and speed camera/trap notifications and such. It saves me most of the time. That and just being smart, knowing where they sit, and watching for brake lights up ahead from other traffic will prevent a lot of problems. I don't drive like an asshole, if I can hammer down in the left lane I will but I don't go from lane to lane trying to get around everyone. If it's there and the weather is good, I take it. If I am to get stopped, I usually don't have an issue. I am nice and polite. I don't go off on them bitching about nonsense and put a camera in their face like one or two of our fellow members here would do.
1075tech
.338 Win Mag
set it at 77 in Virginia. 80 is a misdemeanor.
Blimey
.450/400 Nitro Ex
When I'm on the 90 I'm a good little boy and set cruise around 70. Only exception is when you can get a rare convoy of a large number of cars moving at high speed and potential to get hidden in the mix while a sacrificial lamb out front gets the ticket.
Good heavens, we were up in north east ADK last week and the number of state cruisers looking for speeders was outrageous.
Deplorable Me
.700 Nitro Express
My circle of trust is small. I better know them personally and I better have first hand knowledge of their experience with a firearm.
IrishMick
.44 mag
Get with the time Deplorable! This thread was derailed at least 7 posts back! Do feel free, however, to expound on any views or anecdotes you may have regarding speeding or fast driving!