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Temporary interstate change of possession? (NOT A SALE/TRADE/TRANSFER)

Discussion in 'Legal & Political Archive' started by USMC1345, Dec 15, 2010.

  1. USMC1345

    USMC1345 Gresham, OR Member

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    I have a 'friend' (Oregon resident) that left one of his handguns with a cousin (Washington resident). This was by no means a transfer of ownership. More like the cousin is temporarily borrowing the firearm. Would the law consider this a transfer? I, I mean my friend, does't want to make the seven hour drive to go get it, but will do just that this weekend if a law is being broken.
     
  2. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    I would say he needs to make a trip. The fact that he left it could be considered that he gifted it which would be a transfer. this scenario could be seen in several ways and I am not totally up on Washingtons laws if any would come into play as well as the federal ones.
     
  3. Fumes

    Fumes Wa. Active Member

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    Why don't you your friend just call the Sherriffs office. This is just the internet and should all be taken with a grain of salt unless there is news of the zombie hordes.:) Yeah I'd just make a 5 minute call before an unwanted 7 hr. drive,:winkkiss:
     
  4. USMC1345

    USMC1345 Gresham, OR Member

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    I'm thinking a drive is in my friend's near future, but lending the firearm might be legal according to this:

    Sec. 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;

    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+18USC922
     
  5. absoluterik07

    absoluterik07 Salem, OR Member

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    Just as you highlighted, you are good to go assuming that the friend is only borrowing it. If you intend to make it a gift then a transfer at an FFL is what you will need to do.
     
  6. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Because most of them know LESS then the internet. This is not a bash on cops, just a simple fact that comes from being friends with many LEO's. At least on the internet you can Find and Read the ACTUAL law (as posted above) and know for sure instead of listening to what "someone told me".
     
  7. PromptCritical

    PromptCritical Oregon City, OR Member

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    This is a good point. I was under the impression that a loan was considered a transfer, until the actual law was posted.

    That's why, when someone posts a legal statement of which I am skeptical, I always ask for the law itself.

    "(such and such) is illegal!"
    "Show me the law."
    "Never read the law but I know it is."

    Some may still not be deterred.
    I worked with an older fellow (at a gun dealer no less) who swore up and down that silencers are illegal. I explained to him that they aren't and cited the law and NFA transfer stuff. He was not deterred.
    The next day I brought my .22 can to work with a copy of my Form 4. I showed him the stamp and the signatures of the ATF examiner and the county sheriff.
    His response: "So? They're still illegal."
     
  8. toolfan

    toolfan North Portland Member

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    Is the cousin hunting with this handgun?
     
  9. PromptCritical

    PromptCritical Oregon City, OR Member

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    I assume by your question that he must be using it for hunting to satisfy the "legitimate sporting purpose" requirement.

    Neglecting the BS that requiring a "legitimate sporting purpose" is, target shooting, and other things also qualify.

    And so what if he isn't?