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Issues if I lend my gun to a friend.

6K views 68 replies 32 participants last post by  mbquimby 
#1 ·
Hello,

Had a few questions on lending my gun to a friend.

Am in Virginia, I own a XDS 9mm.
In VA there is no formal registration of gun, only they do your background check & you are legally fine (no crimes in your name), you can buy the gun out-right.

One of my close friend has CC permit, but no gun of his own. Can I lend him mine (his legal, criminal records are all clean)? Will that be any issue, if I do give him my XDS. Will he or I be in any issues for any reasons? What happens if he uses the firearm in self defense (hopefully not) situation?

I was trying to search the web, but didn't see any specifics on this issue..... please any advise.

Thanks!!!
 
#2 ·
I guess it all depends on what your friend does with your gun while he has it.

I don't have a habit of loaning guns. My Mom used to have a saying that she taught me growing up.

"Seldom lend and never borrow.
Often saves a lot of sorrow."
 
#4 ·
I learned to never let one of my friends borrow a tool years ago. Even though I trust my friends, I personally wouldn't lend them a firearm.

Anything can happen, and that's one mess I definitely would avoid.

JMHO
 
#6 ·
Wow. I must be a sucker because I would lend a gun to one of my few close friends. If they do something illegal, it's on them. Aren't there laws to protect gun owners from this in free states? If I lend my friend my truck to move something, and he runs over grandma and flees the scene, I don't think I would be arrested.

Are you guys in the no crowd saying no because it would be for concealed carry? What if it were for a hunting trip?

This is all assuming said friend is not a prohibited person.
 
#9 ·
I would have everything in writing. And have witness from a 3rd party. That way you can have some kind of legal buffer. Could write up a sales agreement like Cuba said. Or do something that says he had possession for such amount of time and get it notarized. That's good legal paper.

I would loan if I had paperwork. Or sell it to them and buy it back when needed

sent by the german shepherd next to me
 
#11 ·
what is the purpose for borrowing the firearm? That is the $64,000 question--differing answers will have differing advice
 
#12 ·
You can't be held liable for anything he does with it. If my friend barrows a chainsaw and kills someone with it, on purpose or otherwise, it's not my fault. To charge you with any thing the state would have to prove you knew what he intended to do with it, which is assuming they can prove he intended to hurt some one. So if you trust this friend to not do something criminal/irresponsible with your property and trust he will give it back at the agreed time, you will be fine. Of course if they did kill someone and were found guilty of a crime you won't be getting that gun back. Or if he decides he would rather keep the gun than the friend you might have a hard getting it back.
 
#20 ·
You can't be held liable for anything he does with it.

True to a degree.
Keep in mind you can be sued for most anything. It might be bogus, but you will still have to defend yourself, you will still have legal fees.

I can see someone loaning a person a gun. The person shoots someone that turns into a botched self defense. The shooter gets charged and convicted of a wrongful death. Later anyone involved gets hauled into court with a civil suit for the wrongful death. Even you, because you loaned him the gun which he would not have had to cause the wrongful death if you had not loaned him the gun. Probably extreme, crazy, a billion to one odds of it ever happening, but it could.

Crap happens! I had to defend myself in a court case. I was getting sued by the state. They had the wrong person, they did not care until two trips to court before I was able to clear it up. Even the paperwork from the state had a different name on it. It did not matter, to correct the name someone wrote over it in ball point pen. I still had legal fees and a new wife that was wondering who she just married.

CYA
 
#13 ·
I would do a legal sale / transfer just so there are no legal ramifications for either of you. If someone just wants to go to the range to see if they like it, that might be different, but if they intend to carry it for self defense you better have some documentation on a transfer or I wouldn't do it.
 
#14 ·
I don't loan things Im not willing to lose.

Having said that, I don't take friendship lightly. My friends I have all known 20 years or so. Anything less than that is an acquaintance. I don't loan an acquaintance anything.
My advice is to not loan a gun to your friend.
 
#16 ·
I have lent close friends rifles and shot guns for hunting in the past. What's mine is yours and visa versa for my close friends. Have never been asked for a defensive weapon yet, but of they thought they needed it, sure. These friends are like family, and they all have CHP'S anyway.
 
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#21 ·
As usual, check the laws in your state. At the least, you set yourself up for a civil suite if something ones wrong. Your friend has a ccw & no gun, a bit odd.
 
#22 ·
I don't loan tools or guns - to anyone, even friends. I don't borrow them, either. Friendships, tools, and guns are lost this way.

In most states, to transfer ownership, even temporarily, you must "to the best of your ability" ascertain the receiver is legally capable of owning a handgun. How to do this and how far to take the background check are the two big questions. It could come back to bite you.

If he's serious about carryng, he needs to buy a gun himself.
 
#39 ·
You're full of it. You have to do no such thing in most free states. What you said is so freaking vague and stupid it would leave nobody free from overzealous prosecution save the people who did a background check. Not required in free states.
 
#26 ·
A few years ago a good friend asked to borrow an AR to go coyote hunting out of state with people I don't know, sorry bro. This is a guy who's never owned or shot guns, let alone an AR, he had no idea of the weight of what he was asking.
 
#27 ·
I let my brother in law borrow mine just so him and my sister had a form of home defense while saving up for theirs, then just to be on the safe side I just went ahead and sold it to him for a very discounted price. if you really trust the person I don't see the harm in it, but then again I didn't lend him a $1000 Kimber.
 
#31 ·
since the OP has not revisited the thread, I am going to assume he either didn't like the sentiments we shared...or that he was just trolling...either way, kill the thread
 
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