Lending your firearms to someone

[mythaeus]

I understand that you can lend firearms to someone who has a license to carry. I have a couple of questions:

1. Suppose my close friend, who doesn't have a LTCF and lives in PA, needs a gun since he can't afford one, can I bring one to him and let him keep it in his house for HD purposes? Since gun transfer is different for long guns vs. handguns in PA, I assume this makes a different if I were to lend him a long gun (e.g. I can always say I sold it to him).

2. Suppose my parents, who live in MD, need a gun and can't buy one, can I lend one to them? If I were in MD to visit them and someone breaks in and I use the firearm to hurt/kill the intruder, what are the legal consquences?

Thanks in advance for your advice.

Regards,
Al

[NineseveN]

I understand that you can lend firearms to someone who has a license to carry. I have a couple of questions:

1. Suppose my close friend, who doesn't have a LTCF and lives in PA, needs a gun since he can't afford one, can I bring one to him and let him keep it in his house for HD purposes? Since gun transfer is different for long guns vs. handguns in PA, I assume this makes a different if I were to lend him a long gun (e.g. I can always say I sold it to him).

Long gun is probably going to be okay, I'd say no on the handgun though. Keep in mind, I'd be sure they can legally own/possess firearms before I gave them one though. Just have them go get their LTCF, even if they can't afford a gun, I'm sure they could scrape the cash together for the license fee. Then you're pretty much covered.

2. Suppose my parents, who live in MD, need a gun and can't buy one, can I lend one to them? If I were in MD to visit them and someone breaks in and I use the firearm to hurt/kill the intruder, what are the legal consquences?

It depends on why they can't buy one. If they're prohibited persons by law, you probably be looking at jail time. If they just can't afford one, no problems on the federal side, parent to child/child to parent transfers require no dealer to complete, just a simple "here son/dad/mom, this gun's for you". If they can't buy the gun you'd want to give them because it's prohibited under Maryland law, well, somebody's looking at charges there, but you'd have to brush up on Maryland's firearms laws to be sure what is and is not kosher over there.

If you use the gun, and everything is otherwise legal as above, then the situation is no different than any other self-defense shoot on the surface and in that state...which is to say, you'll need an attorney and you'll be held accountable to Maryland's laws.

IANAL.

[gnbrotz]

Long gun is probably going to be okay, I'd say no on the handgun though.

*bold added by me

I disagree with the bold portion. From §6115 (Loans on, or Lending or Giving Firearms Prohibited):

(b)Exceptions
(3)Nothing in this section shall be construed to prohibit the loaning or giving of a firearm to another in one’s dwelling or place of business if the firearm is retained within the dwelling or place of business.

I'm not familiar enough with Md. laws to answer the second question.

[mythaeus]

Greg, 9/7, thank you both for your takes on the questions. I'm having a hard time finding information on MD gun laws.

Greg/mods, please move this to Q&A if possible (I meant to post this thread there). Thanks.

Al

[chrisjames_71]

Let me scour my law book and see what I can come up with for ya. From what I know (been wrong before), as long as they aren't prohibited person it should be good to go.

Here is a quick run down of the laws though:

http://www.mcsm.org/mdlaw.html

[Robert Kayland]

(3)Nothing in this section shall be construed to prohibit the loaning or giving of a firearm to another in one’s dwelling or place of business if the firearm is retained within the dwelling or place of business.

Am I reading this wrong?

By the use of the word "one's" dwelling place, it makes it sound like you're allowed to lend or give a firearm to someone IN YOUR OWN dwelling place or business, not his... and then the firearm has to stay in YOUR dwelling place or business... like when indoor gun ranges "lend" you a firearm to shoot at their place, or you're showing your private collection to someone and letting them handle the firearms.

So lending or giving a firearm to someone else for THEIR home or dwelling place isn't allowed... at least that's how I read this text.

I'll be glad if I'm wrong.

[The Drew]

In PA Long guns are exempt from the lending or selling issues involving the government. If you want to lend a handgun they must have a LTCF, and if you GIVE them a handgun as in transfer ownership, you must go through a dealer or sheriff.

If someone cannot afford a gun to protect themselves, My advice is to lend them the money so that they can purchase their own. If they cannot purchase a gun for other reasons... You should RUN AWAY from the situation....

There are plenty of good guns for self defense that are in the sub $300 range, and if it is important enough they'll be able to scrape together enough cash, especially if you help.

[mythaeus]

In PA Long guns are exempt from the lending or selling issues involving the government. If you want to lend a handgun they must have a LTCF, and if you GIVE them a handgun as in transfer ownership, you must go through a dealer or sheriff.

If someone cannot afford a gun to protect themselves, My advice is to lend them the money so that they can purchase their own. If they cannot purchase a gun for other reasons... You should RUN AWAY from the situation....

There are plenty of good guns for self defense that are in the sub $300 range, and if it is important enough they'll be able to scrape together enough cash, especially if you help.

Thanks for posting. I would like to add that the questions are pertained to lending to legally-allowed persons. On that note, is it possible to ask an FFL to perform a NICS/PICS check on someone without buying a gun?

Al

[The Drew]

I am pretty sure that the only way you can have a PICS check done is if it is for a firearm transfer. You may contact your sheriff to see if he'll do one for you, but that may be the only option. And the sheriff may also be technically be breaking the law by doing one for neither a LTCF or a transfer.

[chrisjames_71]

Thanks for posting. I would like to add that the questions are pertained to lending to legally-allowed persons. On that note, is it possible to ask an FFL to perform a NICS/PICS check on someone without buying a gun?

Al

That would work for the PA portion of his question (if allowed), but not the MD portion