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Thread: Loaning firearms as an interstate transfer

  1. #1
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    Loaning firearms as an interstate transfer

    Quote Originally Posted by Yung View Post
    'Illegally transferred?' Does Wisconsin have WA-style laws i.e. I-594/RCW 9.41.113?
    Transferring a firearm from a resident of one state to a resident of another state requires an FFL.


    THREAD SPLIT FROM KENOSHA THREAD - BehindBlueI's
    Last edited by BehindBlueI's; 08-29-2020 at 12:24 PM.

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    But loaning one to. a friend requires nothing, since it is not a change of ownership (well, unless in a total dingbat state).

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    Quote Originally Posted by tadawson View Post
    But loaning one to. a friend requires nothing, since it is not a change of ownership (well, unless in a total dingbat state).
    There's no legal concept of loaning, with the exception of "lawful sporting purposes" like going on a hunt in a different state. Otherwise, it's either in your possession or it's not. When people say "I loaned him a gun", they're talking about transferring possession for a temporary period of time.

    Whether you intend on giving the weapon back after a period of time vs keeping it permanently is irrelevant to the law as it's still a transfer of possession unless you're physically present with the gun; the most common example being two people going to a shooting range together and shooting each other's guns.

    In this case, he's in violation of 18 U.S.C. 922(a)(5). It's not a matter of the laws of any "dingbat state", it's a federal law that applies to the entire USA.
    Last edited by TGS; 08-28-2020 at 09:39 PM.
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  4. #4
    Quote Originally Posted by TGS View Post
    There's no legal concept of loaning. It's either in your possession or it's not. When people say "I loaned him a gun", they're talking about transferring possession for a temporary period of time.

    Whether you intend on giving the weapon back after a period of time vs keeping it permanently is irrelevant to the law as it's still a transfer of possession unless you're physically present with the gun; the most common example being two people going to a shooting range together and shooting each other's guns.
    So, for clarity:
    If I loan one of my rifles to say, one of my grand kids, I have effectively transferred it?
    With no compensation or verbal or written agreement?
    "And for a regular dude Iím maybe okay...but what I learned is if thereís a door, Iím going out it not in it"-Duke
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    Quote Originally Posted by wvincent View Post
    So, for clarity:
    If I loan one of my rifles to say, one of my grand kids, I have effectively transferred it?
    With no compensation or verbal or written agreement?
    There's some exceptions for bequething and transfers in family that I won't get into here because it's not applicable.

    A more clear picture would be:

    wvincent comes to visit Virginia. We meet up, and I give you my 3" S&W Model 66 for you to use as a carry gun under the premise of "loaning" it to you, as well as a Shockwave to carry in a bag as a PDW. Whether you're going to give it back to me at the end of your trip is irrelevant; we just violated federal law by conducting 2 transfers in violation of 18 U.S.C. 922(a)(5).

    ETA: If we were both residents of the same state, then it'd be up to state law.
    "Are you ready? Okay. Let's roll."- Last words of Todd Beamer

  6. #6
    Quote Originally Posted by TGS View Post
    There's some exceptions for bequething and transfers in family that I won't get into here because it's not applicable.

    A more clear picture would be:

    wvincent comes to visit Virginia. We meet up, and I give you my 3" S&W Model 66 for you to use as a carry gun under the premise of "loaning" it to you, as well as a Shockwave to carry in a bag as a PDW. Whether you're going to give it back to me at the end of your trip is irrelevant; we just violated federal law by conducting 2 transfers in violation of 18 U.S.C. 922(a)(5).

    ETA: If we were both residents of the same state, then it'd be up to state law.
    Gotcha, so for the transfer in the instance of the Kenosha shooting, they needed to have a FFL do a 4473.

    By the way, in regards to my "hypothetical visit", thanks for hooking me up with the good stuff!
    "And for a regular dude Iím maybe okay...but what I learned is if thereís a door, Iím going out it not in it"-Duke
    "Just because a girl sleeps with her brother doesn't mean she's easy..."-Blues

  7. #7
    It appears that in some states loaning is legal.

  8. #8
    Is the law firm wrong or am I misinterpreting what is being stated?

    https://blog-princelaw-com.cdn.amppr...federal-law%2F

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    Quote Originally Posted by shane45 View Post
    Is the law firm wrong or am I misinterpreting what is being stated?

    https://blog-princelaw-com.cdn.amppr...federal-law%2F
    The blog you linked is correct. It focuses on federal law, and state law may impose additional requirements or prohibitions.

  10. #10
    10.3" Master Race TGS's Avatar
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    Quote Originally Posted by shane45 View Post
    It appears that in some states loaning is legal.
    Quote Originally Posted by shane45 View Post
    Is the law firm wrong or am I misinterpreting what is being stated?
    Quote Originally Posted by TGS View Post
    There's no legal concept of loaning, with the exception of "lawful sporting purposes" like going on a hunt in a different state. Otherwise, it's either in your possession or it's not. When people say "I loaned him a gun", they're talking about transferring possession for a temporary period of time.

    Whether you intend on giving the weapon back after a period of time vs keeping it permanently is irrelevant to the law as it's still a transfer of possession unless you're physically present with the gun; the most common example being two people going to a shooting range together and shooting each other's guns.

    In this case, he's in violation of 18 U.S.C. 922(a)(5). It's not a matter of the laws of any "dingbat state", it's a federal law that applies to the entire USA.
    Providing security for businesses at a riot is not a sporting purpose.

    It was an illegal transfer, regardless of Wisconsin's law.
    "Are you ready? Okay. Let's roll."- Last words of Todd Beamer

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