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January 17th, 2015, 02:31 PM #1Junior Member
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prospect park,
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Question about transporting a handgun
I may have put this post in the wrong forum, but this one seems like the place for it
I am going to be heading to a hunt camp this weekend that has a range on it. I was wondering if it is legal for me to travel with my fathers 357 pistol to use at the range (my father will not be accompanying me on this trip)
Just wondering if I am able to legally transport and use the pistol without him present.
Yes I am of age to own guns, no I have no criminal record or any felony records
Thanks for any input
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January 17th, 2015, 02:49 PM #2
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January 17th, 2015, 02:53 PM #3
Re: Question about transporting a handgun
Get your "Guns Save Lives" stickers today! PM for more info.
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January 17th, 2015, 03:28 PM #4
Re: Question about transporting a handgun
Where is this camp? Pennsylvania?
Do you have an LTCF?
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January 17th, 2015, 04:10 PM #5
Re: Question about transporting a handgun
Some of these no stops comments drive me nuts. Having to take a piss is legitimate. Having to buy gasoline is legitimate. Stopping to buy a sandwich en route is legitimate. I really can't buy that the law makes one a prisoner in their vehicle from point A to point B.
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January 17th, 2015, 06:45 PM #6
Re: Question about transporting a handgun
Tell that to the folks who have been convicted (according to FOAC representatives). The statute doesn't say "except for "legitimate" stops," it says "to and from," IF those places are among those listed.
Do what you want, but I'd rather have you bitching about my nit-picking, than to have a now-prohibited person come back and say "but I thought my stop was a "legitimate" one."Get your "Guns Save Lives" stickers today! PM for more info.
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January 18th, 2015, 11:40 AM #7
Re: Question about transporting a handgun
We are assuming that you, as well as your father, are Pa residents. If not then the loan is barred by Federal law.
Last edited by tl_3237; January 18th, 2015 at 11:43 AM.
IANAL
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January 18th, 2015, 03:29 PM #8
Re: Question about transporting a handgun
Maybe -- or maybe not.
Federal law does provide for temporary (undefined) loans of firearms, but only for "lawful sporting purposes" (also undefined). I have read that cowboy action shooting, IPSC and IDPA are not considered by the BATFE to be lawful sporting activities, but presumably hunting is. (Needs to be verified.) If the visit to the hunting camp involves hunting you may be okay under federal law. (At least as far as the loan is concerned. Transport of the firearm is a separate question.)
http://www.atf.gov/content/firearms-...ensed-transfer
Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]Last edited by Greywolf; January 18th, 2015 at 03:31 PM.
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January 18th, 2015, 04:16 PM #9
Re: Question about transporting a handgun
Even if all of your notes 'gray areas' above fall in favor of the OP, I would still think that the borrowed firearm in question should be the one actually being used for the hunting activity, not merely for some plinking while there to also do some hunting in order for it to fall under the 'sporting purpose' protection.
IMO, that would be a weak argument to rely on, especially when a conviction would cost someone their rights for life, in addition to potential jail time.Get your "Guns Save Lives" stickers today! PM for more info.
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January 18th, 2015, 08:11 PM #10
Re: Question about transporting a handgun
Again, assuming arguendo, that the father/son were residents of differing states...
Yes - the BATFE has opined that such endeavors as practical, cowboy and combat shooting as well as plinking activities are NOT 'sporting purposes'. Hunting and, presumably, formal bulls-eye shooting would be.
Since the OP specified that he was desired firearm "to use at the range", I doubt his would qualify for the 'sporting purpose' exception to 18 USC 922(a)(5). Even then there is still a Federal prohibition imposed on the OP for when he brings the "loaned' firearm into his home state from out-of-state - 18 USC 922(a)(3) [which has no 'sporting purpose' exception]. The father/son 'loan' would have to occur in Pa.
18 USC 922(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;Last edited by tl_3237; January 18th, 2015 at 08:14 PM.
IANAL
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