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Am I allowed to borrow a friends gun???

This is a discussion on Am I allowed to borrow a friends gun??? within the XDTalk Chatter Box forums, part of the XD Talk category; Are there any laws/rules against lending/borrowing guns. My situation is that my friend has a S&W that i'm interested in so i want to shoot ...

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Old 04-19-2006, 12:17 PM   #1
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Am I allowed to borrow a friends gun???

Are there any laws/rules against lending/borrowing guns. My situation is that my friend has a S&W that i'm interested in so i want to shoot it. Only thing is he hardly ever has time to go to the range with me. Would he or I get in any trouble if i have his gun in my posession???
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Old 04-19-2006, 12:20 PM   #2
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only if you are not legally allowed to have firearms of that type in your posession.
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Old 04-19-2006, 01:55 PM   #3
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In Canada...

Loaning or Borrowing a Firearm



Firearms Act section [FA s.] 33: A person may lend a firearm only if (a) the person (i) has reasonable grounds to believe that the borrower holds a licence authorizing the borrower to possess that kind of firearm, and (ii) lends the borrower the registration certificate for the firearm...

Therefore, you may lend a firearm to a person with a POL, because he "holds a licence authorizing the borrower to possess that kind of firearm." You do not need to do a formal transfer of the firearm, because FA s. 21 says that "For the purposes of sections 22 to 32 (the transfer procedure sections), 'transfer' means sell, barter or give."

Criminal Code section [CC s.] 84(4)(b)(ii): "84(4) For the purposes of this Part, a person is the holder of... (b) a registration certificate for a firearm if... the person possesses the registration certificate with the permission of its lawful holder."

Therefore, the borrower is the "holder" of both a licence to possess that kind of firearm and a registration certificate for that particular firearm, so he is in fully legal possession of it.

You cannot legally lend someone a firearm unless you also lend him the registration certificate, so you cannot lend a firearm that you legally own under the provisions of CC s. 98 unless you have a registration certificate for it to loan with it.

FA s. 59: "An individual who holds an authorization to carry or an authorization to transport need not be the person to whom the registration certificate for the particular prohibited firearm or restricted firearm was issued."

Therefore, a borrower can get an authorization to carry or an authorization to transport a borrowed firearm. Often, he will not need an authorization to transport a borrowed handgun, because his existing ATT will cover it by language like, "all restricted firearms and prohibited handguns for which he holds registration certificates" [see CC s. 84(4)(b)(ii)].
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Old 04-19-2006, 02:00 PM   #4
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For the United States, as long as you do not fall under the restricted persons definitions of the GCA of 1968.
This is defined as:
Convicted felons, fugitives from justice, illegal drug users or addicts, minors, anyone adjudicated mentally defective or having been committed to a mental institution, anyone dishonorably discharged from the military, illegal aliens, anyone having renounced U.S. citizenship.

Also if he is not one of your parents, you would fall under the same category if you are under 21.
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Old 04-19-2006, 04:25 PM   #5
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Thanks guys. I should be good to go then
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Old 04-19-2006, 04:41 PM   #6
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Check your state laws as well. In MI, it's against the law to borrow someone's handgun.
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Old 04-19-2006, 06:33 PM   #7
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And be especially careful if you're in CA. There's probably a state law somewhere that prohibits you from pointing a gun to the floor if the carpet is beige while the sun is setting and the moon is half visible.

http://ag.ca.gov/firearms/
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Old 04-19-2006, 06:35 PM   #8
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Quote:
Originally Posted by Matt`G
Check your state laws as well. In MI, it's against the law to borrow someone's handgun.
Wow...what dumb a$$ law maker came up with that?
If I want to loan something to someone that I know, I should be able to do that...is it against the law to loan someone your car?
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Old 04-19-2006, 07:19 PM   #9
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So if I go to visit my brother in MI, I can't go to the range with him and borrow his pistol?
Could you please cite this reference, bacause i intend to break it HARD the next time I go there!
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Old 04-19-2006, 08:47 PM   #10
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And be especially careful if you're in CA. There's probably a state law somewhere that prohibits you from pointing a gun to the floor if the carpet is beige while the sun is setting and the moon is half visible.

docrice, you got it all wrong. The carpet has to be purple, the sun rising and the moon has to be full. I can't believe you out of staters can be so ignorant as to how things are done in this state. Jeeze.
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