Giving a friend a gun out of state???

[Lebby83]

Hey everyone - I am interested in getting information and or what I need to do for this situation...

I want to legally transfer my Ruger SR22 to one of my friends who lives in Maryland. Do I need to go to my local shop and have them ship it to his local shop in Maryland?

Any info will help. Thanks!

rob

[tl_3237]

Hey everyone - I am interested in getting information and or what I need to do for this situation...

I want to legally transfer my Ruger SR22 to one of my friends who lives in Maryland. Do I need to go to my local shop and have them ship it to his local shop in Maryland?

Any info will help. Thanks!

rob

Your friend MUST take possession from an MD FFL. You can have the handgun shipped to the MD FFL or you can meet there in person to effect the transfer. If going into MD for the transfer follow the MD transport law for 'sales':

Md. CRIMINAL LAW Code Ann. § 4-203 (2014)

(b)(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

If you ship you may or may not need to engage a local FFL in Pa -- depends on whether the MD FFL will accept shipments from unlicensed individuals.

[Lebby83]

Ok. Thanks for the info. I visit him often enough I will just bring it with me. I also wasn't sure if I needed to do any paperwork in PA.

[tl_3237]

Ok. Thanks for the info. I visit him often enough I will just bring it with me. I also wasn't sure if I needed to do any paperwork in PA.

No PA paperwork required. Just make sure that your trip is from home DIRECTLY to the MD FFL without excursions. Also put the unloaded handgun in a LOCKED case to avoid any problems with the Federal GFSZA.

[Lebby83]

Will do. Thanks!

[Lebby83]

Regarding my topic.... Is it a bad idea not to transfer the gun into my friends name and I just "leave" the gun in his household?

[Orlov556]

Regarding my topic.... Is it a bad idea not to transfer the gun into my friends name and I just "leave" the gun in his household?

Once its crosses state lines, its not just a bad idea, its also illegal

[QuackXP]

Regarding my topic.... Is it a bad idea not to transfer the gun into my friends name and I just "leave" the gun in his household?

Its federal pound you in the ass prison bad.

[Lebby83]

Got it. Enough said.

[Sam1911]

Regarding my topic.... Is it a bad idea not to transfer the gun into my friends name and I just "leave" the gun in his household?

Yes. That would be an illegal transfer. Possession is 9/10ths of the law in these cases. If you were planning to leave it in a locked gun safe he didn't have the combination to, that would be fine.

The federal law on the subject reads (18 USC 922(a)(3) and (5), emphasis added):

18 U.S.C. 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;

"I didn't really transfer it to him without filling out the federal paperwork and doing a NICS check ...I just sort of left it at his house..." isn't going to fool anyone.

There is also debate as to whether a person can accept a loan of a firearm from a person outside their own state of residence because there is no loaning exception in 18 USC 922 (a)(3):

§ 922. Unlawful acts

(a) It shall be unlawful—

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph

(A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and

(C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

It would seem like if you, from out of state, come to my state, I can loan you a firearm in my state....but it would be illegal for you to accept that loaned firearm in your state.