Pennsylvania Firearm Owners Association
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  1. #1
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    Default Leaving guns at other residences....in other states.

    So lets say I have relatives in another state (in this case a southwest border state) that I visit a few times a year, and I decide to leave a few guns there so that I have access to them during the times I am there, saving me the added burden and risk of traveling with them using a commercial airline.

    From a legal standpoint, is there anything I should be aware of that would be enough of a concern for me to NOT do this ? The guns are legal in that state, and the people that reside in the house are not prohibited persons..

  2. #2
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    Default Re: Leaving guns at other residences....in other states.

    Quote Originally Posted by glocke12 View Post
    So lets say I have relatives in another state (in this case a southwest border state) that I visit a few times a year, and I decide to leave a few guns there so that I have access to them during the times I am there, saving me the added burden and risk of traveling with them using a commercial airline.

    From a legal standpoint, is there anything I should be aware of that would be enough of a concern for me to NOT do this ? The guns are legal in that state, and the people that reside in the house are not prohibited persons..
    If the people there have access to the guns, leaving them there could be considered a transfer. If the guns are handguns, that could be a problem.

    Trying to prove the people there do not have access to the guns (or actually disprove that they do) might also be a problem.

  3. #3
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    Default Re: Leaving guns at other residences....in other states.

    Overthinking.... If you trust your relatives and are in compliance with the laws of the other state, what's to worry?

  4. #4
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    Default Re: Leaving guns at other residences....in other states.

    Quote Originally Posted by Posit View Post
    Overthinking.... If you trust your relatives and are in compliance with the laws of the other state, what's to worry?
    Since federal law requires interstate 'transfers' to be made through an FFL, placing firearms in the possession of someone else as hypothesized here seems to be a clear violation of federal law.

    Unless of course, one doesn't worry about such things.

  5. #5
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    Default Re: Leaving guns at other residences....in other states.

    As gnbrotz mentioned above.

    To avoid the unlawful transfer issue you would have to lock up the guns so that the residents of that other state didn't have control and custody of the guns. ..They could not have the key or combo to the case/cabinet/etc.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  6. #6
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    Default Re: Leaving guns at other residences....in other states.

    I've never in my life time seen anything that can't be broken or broken into.
    That is a tuff one and I have no answer to this one , sorry .Just not enough info. You know best .

  7. #7
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    Default Re: Leaving guns at other residences....in other states.

    My Dad and I leave a few long gun on our farm in OK but no one else lives there or has access to the farm house. Actually looked up before, we are considered residents of Oklahoma since we do not rent the property and we spend enough time there. To the OP, I am not sure how I would feel leaving one of my guns at someones' house. Just too many what ifs.

  8. #8
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    Default Re: Leaving guns at other residences....in other states.

    thanks for the replies.

    Its actually my brother and sister in laws place located in New Mexico..Between travel for work and timeoff using vacation days I have accumulated I might be able to spend 4-5 days out there every other month and was thinking it would be great if I could keep a a rifle or two out there so I have access to them when I am there.

    Reading some of the replies here though I realize its probably a bad idea waiting to happen...

  9. #9
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    Default Re: Leaving guns at other residences....in other states.

    Quote Originally Posted by knight0334 View Post
    As gnbrotz mentioned above.

    To avoid the unlawful transfer issue you would have to lock up the guns so that the residents of that other state didn't have control and custody of the guns. ..They could not have the key or combo to the case/cabinet/etc.
    Not pretending to be an expert... but I don't get it. I can sell a long gun to a resident of another state, or loan one. Hand guns might be a different issue. What am I missing?

  10. #10
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    Default Re: Leaving guns at other residences....in other states.

    Quote Originally Posted by Posit View Post
    Not pretending to be an expert... but I don't get it. I can sell a long gun to a resident of another state, or loan one. Hand guns might be a different issue. What am I missing?
    Can't sell a longarm to resident of another state except through an FFL.

    Can't loan one either except for limited 'sporting purposes'.

    ref 18 USC 922(a)(5)

    §922. Unlawful acts
    (a) It shall be unlawful—

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
    Last edited by tl_3237; April 25th, 2012 at 06:33 PM.
    IANAL

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