Borrowing a firearm.

[Jeffaah]

I did google this and every hit says it was ok….BUT…could be state specific. And we live in MA…home of the free soooo….

As Ma LTC holder, Am I legally allowed to borrow a gun from another LTC holder with out them being present while in my possession. Let’s say for a month to get in some quality range time.

 

[namedpipes]

You know you're going to take a little drubbing, right?

Hang in there. You'll get the answer.

Not sure if this changes in any way in light of the recent law changes.

 

[Mesatchornug]

Yes.

IIRC, the new law says you're required to register the transfer after a week. Of course, the new system isn't ready yet.

 

[Picton]

Just do it.

Nobody cares whether you actually own the gun you're shooting. If the cops are digging into you for that, they've already got probable cause to dig into a bunch more; by that point, you've already done something that has caused them to check your buddy's gun's serial number (meaning they have that gun in their hands, and why would that happen?), then run it against your name in the database. What would you do that would give them that kind of access to your buddy's gun's serial number? I'd argue that whatever that is is much worse than anything that might arise from the mere borrowing.

Besides, what's the worst that can happen? You claim you're borrowing it, they call your buddy and he confirms that yes, you're borrowing it. What's the crime?

 

[42!]

.... What's the crime?

I think that was the point of the question. With the new MA laws, is there a crime being committed or not?

I can't recall the state, NH or MA, but some time ago I was looking at laws regarding loaning a firearm and the law said something like "for sporting purposes". This brings up the question, is it legal to loan a gun to be carried for protection (a non-sporting purpose).

The laws are confusing BS, and it shouldn't matter why you are loaning it as long as there is no issues around basic possession.

 

[Picton]

The laws are confusing BS, and it shouldn't matter why you are loaning it as long as there is no issues around basic possession.

Well, it only matters if you let it.

Just do it, OP. MYOB, stay away from cops, and be responsible.

 

[Mesatchornug]

I think that was the point of the question. With the new MA laws, is there a crime being committed or not?

I can't recall the state, NH or MA, but some time ago I was looking at laws regarding loaning a firearm and the law said something like "for sporting purposes". This brings up the question, is it legal to loan a gun to be carried for protection (a non-sporting purpose).

The laws are confusing BS, and it shouldn't matter why you are loaning it as long as there is no issues around basic possession.

I think that's interstate loan. It's been discussed on here before...

To whom may an unlicensed person transfer firearms under the GCA? | Bureau of Alcohol, Tobacco, Firearms and Explosives

A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm...

www.atf.gov

 

[Glocklike tendencies]

There was a case out of Malden where a LTC holder loaned a shotgun to another LTC holder. The shotgun was used in a home defense shooting and the guy was charged, then found not guilty of any offense. The LTC holder that loaned the shotgun got his LTC revoked.

 

[jct61765]

So you're going to take advice from a gun forum where 75% of them are either going to screw with you or are drunk or high? Good luck.

 

[HorizontalHunter]

Not yet.

Section 32:

b) All firearm transactions within the commonwealth, including, but not limited to, all purchases, sales, rentals, leases, loans or other transfers shall be reported to the electronic firearms registration system. All firearm transactions shall be reported by all parties to the transaction via the electronic firearms registration system within 7 days of the sale, rental, lease, loan or other transfer; provided, however, that no report shall be required for a loan of a firearm to a duly licensed or exempted person for a period of less than 7 days.

(f) The executive office of public safety and security shall promulgate regulations for the implementation of this section, which shall include information required for the registration and reporting of firearms, public notice and an outreach campaign to promote awareness of this section.

Session Law - Acts of 2024 Chapter 135

malegislature.gov

The new unfunded system that is to be created in a couple of years.

 

[RKG]

I regularly take possession of other people’s firearms, for such purposes as trigger jobs, sights work, and the like. Primarily with a view to federal issues, I always have the other guy sign a “bailment” agreement. See Bailment - Wikipedia. This protects me against two things:

One: Having someone like ATF treat my possession as a de facto transfer of title, without having run the firearm in my FFL books.

Two: Having the owner of the firearm losing his LTC while the gun is in my possession, leaving me with a problem on how to get the gun out of my possession. In such event, my bailment agreement give the owner a fixed (and short) period of time to come up with some LTC holder who can legally possess the gun in question, absent which it authorizes me to transfer title of the firearm to an 01FFL as agent for, and for the benefit of, the owner, the firearm to be sold by the 01 and net proceeds going to the owner.

Prior to the new amendments, I have always been satisfied that a bailment under my agreement was not a transfer for MA purposes. I have yet to decide whether changes might be needed in view of the amendments.

 

[houdini]

The new law says after 6 days you have to transfer the ownership of the gun, no more long term lending.