MA resident, carry in ME - firearm "ownership"

[maverickx31996]

Hey all,
question for you
Am i allowed to carry a firearm even if i do not "own" the firearm, and do not reside in maine?

I am from MA and in the process of getting my LTC here in MA. However the MA LTC is irrelevant in any other states.
if i have means of possessing a firearm in maine, can i still carry it in Maine even as a non resident.
even if i legally cant possess a firearm in the state i reside in? LTC is the only thing stopping me, i have nothing on my record or on my name that would prohibit me federally.
Unless thats not how the law works?

I have some friends in ME that would let me carry one of their handguns while i am up there. I just dont know how the law works if I dont actually have "ownership" of the firearm, unless "ownership" is irrelevant. The laws seem to only talk about "possession" while carrying. Do you need to "own" a firearm to "possess" the firearm? I dont think so, but i guess im looking from an answer from someone who knows more then i do. if there is a statue someone can quote or send to me that would be appreciated as well.

i am still trying to thoroughly read through all of the laws here in MA. I am very frequently in Maine which is why i am trying to find this information out. I am still probably another few months out before i get my LTC here because of wait times.

thank you

 

[Rob Boudrie]

I am from MA and in the process of getting my LTC here in MA. However the MA LTC is irrelevant in any other states.

Not true. The are a good number of states that unilaterally recognize MA LTCs.

ME is "constititional carry" but (I think) it is a "must notify"state if you do not have a Maine carry permit, and a few locations like Arcadia national park are off limits without a Maine permit.

As to borrowing a gun - will fly under the radar until you use it, and the system will look for any technical violation to nail you on.

 

[Len-2A Training]

As to borrowing a gun - will fly under the radar until you use it, and the system will look for any technical violation to nail you on.

We need a technical correction here.

Fed law allows someone to borrow a gun across state lines, as long as it is for "sporting purposes" only. It likely won't be an issue if you are borrowing a gun to carry in ME from a ME resident. But if the person is a MA resident who loans you that gun in ME, the Fed law would be in play.

 

[maverickx31996]

We need a technical correction here.

Fed law allows someone to borrow a gun across state lines, as long as it is for "sporting purposes" only. It likely won't be an issue if you are borrowing a gun to carry in ME from a ME resident. But if the person is a MA resident who loans you that gun in ME, the Fed law would be in play.

no sir on a MA resident. It would be a ME resident "lending" me, or allowing me to borrow when im in the area. so with what you said I would assume from what I have read I would be okay. But with all the laws it's nice to hear from what others seem to think... granted if something were to happen I would find out the hard way. But like I said, the laws only speak of a person being legal to possess (not "own") the firearm to carry. Which I have nothing to be worried about to say otherwise for myself other then if it was written somewhere that you can't "lend" a firearm. Whatever the terminology is. You know what I mean I think

 

[Keeper]

Concealed Carry in Maine | Maine State Police

www.maine.gov

 

[M1911]

no sir on a MA resident. It would be a ME resident "lending" me, or allowing me to borrow when im in the area. so with what you said I would assume from what I have read I would be okay.

But are you a MA resident or a ME resident? If you are a ME resident and a ME resident lends you their gun, then federal law might not be involved. But if you are a MA resident and a ME resident lends you a gun, then federal law might be involved, and the federal law only allows lending of a gun across state lines for sporting purposes, and concealed carry is for defensive, not sporting purposes. That is what Len was getting at.

 

[maverickx31996]

found the answer to my question under federal law. you are correct.

18 U.S. Code Chapter 44 - FIREARMS​

18 U.S. Code § 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;

I guess im out of luck. I need to be patient and just continue waiting for my LTC
Thank you. I honestly keep forgetting about federal law as well. When i first read his post i was still thinking of only state law.

 

[maverickx31996]

Concealed Carry in Maine | Maine State Police

www.maine.gov

thank you, i have read through that a few times already.

 

[PatMcD]

It won't be a problem. No Maine cop or warden is going to ask you if you actually own the gun you are carrying.

 

[maverickx31996]

It won't be a problem. No Maine cop or warden is going to ask you if you actually own the gun you are carrying.

My friends have said the same a few times already. At least I know the fed law now

 

[MAJoe]

Is it across state lines if the gun never leaves the state? Also it says “for temporary use or lawful sporting purposes”.

What do you need the pistol for?

 

[M1911]

Is it across state lines if the gun never leaves the state? Also it says “for temporary use or lawful sporting purposes”.

What do you need the pistol for?

Because it is about residency, not the firearm crossing state lines.

A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

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

 

[MAJoe]

Because it is about residency, not the firearm crossing state lines.



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

Thanks. Last open question then is what OP needs the pistol for.

 

[maverickx31996]

Thanks. Last open question then is what OP needs the pistol for.

Wanted to CC when I am in the area (where our house is in Maine) mainly. And also target shooting as we do go frequently when I am up. My friend lives a few houses down from us for context.

Although again im confused because in the article I read last night and quoted a few posts above says the opposite. Unless im misinterpreting it. But basically it sounds like it's only legal for sporting purposes. So in my case I couldn't legally CC if it's "loaned" to me.

Luckily I finally heard back about my LTC interview and it's on Tuesday. Hopefully it won't be soon after that I can just buy my own. All of these questions have only risen because I have heard of it taking many months for people to get their licenses in MA

 

[PatMcD]

I hope your buddies from Maine are giving you a healthy ration of ridicule for loaning you some manhood.

All in good natured fun, of course, but I'd never let you live it down: "where are you gonna carry that piece, Maverick? Not too many places to hide a gun while wearing a mini-skirt"

 

[maverickx31996]

I hope your buddies from Maine are giving you a healthy ration of ridicule for loaning you some manhood.

All in good natured fun, of course, but I'd never let you live it down: "where are you gonna carry that piece, Maverick? Not too many places to hide a gun while wearing a mini-skirt"

Basically lol.

To be honest I didnt really care for firearms until about a year ago when they got me into target shooting. After target practice with multiple different firearms they have, I've finally started the process for myself to own one. Not sure why I never considered it before but here I am. Last few months I've been all about it lol.

 

[Rob Boudrie]

If you carry a gun for self defense, you need to thing the scenario through.

Sore, a ME cop or fish cop may not care if you own the gun, but if you use the gun defensively and the prosecution does not see a "win" on the use of the gun, but it is politically incorrect (for example, defending across racial lines or against a child with a real gun) they will look for ANYTHING they can get you on. If you are in a mag ban state the grandfathers pre-ban mags, expect the investigation to look for any evidence the mag does not quality (not as much of an issue in MA as we are now limited to 10 rounds carry). The source of the gun will be scrutinized, and used to lay additional charges if possible and, at minimum, used to extort a plea bargain. Not a game you want to play - be squeaky clean with any carry gun.

Just look at any high-profile shooting. The investigators always look for a way to charge the parents, or anyone else involved in the chain that led to the miscreant possessing the gun, with something.