Long term loan of guns across state lines

2

2DaMtns

New member
Is this even legal? What I am talking about is having a brother keep my guns for me until I can get a safe after I move, looking at 6 months to a year. I have shotguns, rifles, and handguns. He is completely legal to own any of the guns I own.

What if I allow him to use one or two of my revolvers while he has them? Of course, no one will ever know unless he has to use one to protect his home or family, but all he has is a 22LR pistol, so I thought as payment I might let him "use" one of my .357's if he wanted to. What happens if, God forbid, he has to use it? Do we both get in trouble? Just me? Just him? Niether one?

They are all legal, I currently live in VA, and he lives in WV, if it helps or matters.
 
W

wally626

New member
It is certainly legal to loan guns to your brother for storage across state lines as long as he is eligible to receive them. Whether it would have to be done through a FFL is the issue.

Edit to add

US Code TITLE 18 > PART I > CHAPTER 44 > § 922
§ 922. Unlawful acts

(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;
Click to expand...

Based on this I would suggest going through an FFL. The key is you are giving him possession of the weapons, what he does with them is not really important. So yes, he could use them for hunting, self defense whatever the case may be. Hopefully you can find a FFL that will give a bulk discount.

If you are in fact moving to WV and just having him store them, then you would both be residents of WV and everything would be fine, it is the different state issue that gives you the hassle.
 
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NavyLT

Moderator
If you want to go by the exact letter of the law, the first issue is the phrase "for lawful sporting purposes" which tends to imply loaning the guns for activities such as hunting/target shooting.

Oooops, had to edit out 18 USC 922(a)(3) - it applies to a person acquiring a firearm outside their state, not from an out of state source... never mind that part.



Now, practically.... nobody is likely to care and in all likelihood you would be just fine with no problems at all.
 
L

leadcounsel

Moderator
Semantics... are you sure you just aren't storing some of your property at your new residence in that state temporarily...?
 
J

jonnyc

New member
If WV doesn't require the registration of every gun in your possession, the only issue here is the "sending". As mentioned above, there would be no issue at all if you simply bring your own stuff to WV for him to store for you.
 
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lomaxanderson

New member
Load em up and take them to him...shoot em while your there...enjoy some family time and then go home...no hassles and no fee's...
 
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