Loaning firearms

This is a discussion on Loaning firearms within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hypothetically, could the liability issues be avoided if when a relative in need of protection agrees to "buy" one of my firearms for say $10 ...

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Thread: Loaning firearms

  1. #31
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    Hypothetically, could the liability issues be avoided if when a relative in need of protection agrees to "buy" one of my firearms for say $10 with the condition that I may "buy" it back for the same $10 when that need is resolved?
    Probably not with a contract to guarantee its return for $10. Too transitory.

    I think an outright gift, documented as such, withstands scrutiny better, even if there is an understanding it might be gifted "back". That is because the gift back cannot be contractually guaranteed if a true "gift". Only with the trustworthy.
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    Are you kidding me?
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  4. #33
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    Not my guns, not my Harley, and not my wife.
    I will loan a friend or relative the money to buy their own gun.
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  5. #34
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    Quote Originally Posted by TedBeau View Post
    I'm not to sure it's even legal to "Loan" a handgun to an individual. From what I recall at least in Michigan they cannot have a gun that is not their property in their possession unless they have a CPL.
    As no one else has answered, it is State by State.

    Yes, here in Virginia it is legal to loan, give, sell, bequest, etc a firearm. No nanny-may-I to obtain from a private source (non-FFL dealer); to own, to have in possession, vehicle, etc; open carry, etc.
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  6. #35
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    Quote Originally Posted by Jaxon06 View Post
    Gotta go with this. Why would you want to loan a weapon?
    Hi there!

    Regularly my Wife lets me borrow her revolver to teach people how to pass the Boston PD required test to get their permits.

    I'll also borrow her guns and go to the range to do some shooting on occasion. Also when the Wives took the gun course at Mansfield F&G (you went with me didn't you that day), I left my Wife with a number of guns (she had her LTC) in case she or other women wanted to shoot them during the class, while we were off checking out gun shops and eating lunch.

    I have loaned my 1911 to a very good friend and fellow instructor so that he could run someone thru the RI Pistol test and get their RI CCW. RI CCW restricts you to no larger a caliber gun than you took the test with, thus the desire to always use a 1911.


    Quote Originally Posted by limatunes View Post
    I have been lent firearms and I have lent mine out to trusted individuals. I'll do it again. It's up to my personal discretion and I am very thankful for those who have gone out on the liability limb and trusted me enough to allow me the privilege to learn from their equipment.

    I treat loaned firearms to me with the same respect I would treat my own and I wouldn't loan my firearm to someone who did not feel the same way. But I see no problem with helping someone out if they want to get familiar with a specific firearm before they decide to buy, etc.
    I agree with Lima.

    Back some 30+ years ago when I only owned one defensive handgun, the safety broke and the gun had to go back to the mfr for repair. A good friend and shooting buddy (attorney) loaned me one of his pistols to CCW while mine was in repair (~1 month). I treated it the same as my own guns.

    Also in that same timeframe another friend was an FFL and had a High Standard Victor (used) that interested me. We took it to the gun club both of us belonged to and he let me test fire it before deciding to buy it. Then he headed back to his shop and told me that when I got thru shooting (I had also brought other guns to the range) to stop by with the gun and we'd do the sale/state paperwork.
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  7. #36
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    Quote Originally Posted by fotomaker57 View Post
    My question is why do you not loan to friends and family?
    Liability. We're in a time of failure to raise people right, lack of personal responsibility, lack of accountability and finger-pointing (including via lawsuits). And like it or not, we're in a society that condones and practices guilty-if-accused and "ambulance-chasing" lawsuits. About the only way to avoid that is to not release one's responsibility for one's weaponry.

    In most places around the country, it's not that difficult for someone to go through the steps of legitimately acquiring a firearm and going through the thought process and preparations to ensure it's coupled with safe handling, practices, storage.

    So. For me, I'm perfectly happy to bring along extras to the range, and to help others along in their quest to become firearms aware, owners and operators. But I'm unwilling to put myself and others at risk in the process. Win/win, to my way of thinking, with so very little downside to doing it that way.
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  8. #37
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    I have no problem loaning out my firearms in certain circumstances, and there are plenty of circumstances where I would most definitly not. It has to be a judgement call based on all of the factors. Family or friend that I trust for a hunting trip, no problem. Borrow for a trip to the range to see if you like that particular gun or caliber, sure, but I would most likely want to go with and enjoy anyway. But it all depends on the person and the intended use.

    If there was a known threat or danger, and they were asking for protection gets significantly more complicated. Once again, it will depend on my relationship with the person, how much I trust them, what their mindset is, and what their experience is. It would be irresponsible to hand a gun to a complete novice and say "good luck", but if it is a truly close friend or family that came to me for help and I rejected them and they ended up being killed, that would haunt me the rest of my life.

    So I can't give a yes or no answer, as with most questions posed on this forum. My answer is, it depends. Although I feel that I am less worried about my own liability than I am about the potential consequences to the person I am loaning to if they are not prepared for the responsibility of having/using a gun.
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  9. #38
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    Nope, get your own...

  10. #39
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    Quote Originally Posted by oakchas View Post
    For a hunting trip, in my company, sure. To try my handgun at the range, yep.

    To borrow, out of my sight, for longer than the outing?

    Not gonna happen.
    I agree 100%

  11. #40
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    Question

    Quote Originally Posted by ccw9mm View Post

    In most places around the country, it's not that difficult for someone to go through the steps of legitimately acquiring a firearm and going through the thought process and preparations to ensure it's coupled with safe handling, practices, storage.
    Most?

    Not challenging you. However, that raises an interesting question, in my mind.

    Do most states have significant steps, in addition to the national government's requirements to acquire a firearm -- long gun, handgun, other?

    See new thread at States' requirements on acquiring a firearm?
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  12. #41
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    Never loan anything that you want back. Vehicles and weapons carry a liability. I had a good running rusted junker 1980 Datsun pickup I would loan to good friends for months at a time, under the stipulation that they add it to their insurance, check (and add) oil often, and if anything bad happened to it i want back the tires, battery and Weber carburetor. I would not loan a gun, but might show up with one and stay a while, under certain circumstances
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    What firearms? Don't have any........
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  14. #43
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    My mother lives alone, has sketchy neighbors and needs protection in a more robust form than her yappity little dog. I "lent" her my 12 gauge and have no issues with that. I cannot find anything in my states books that prohibits me from doing so.

  15. #44
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    Friend/Family: Can I borrow your gun?

    Me: Let me help you with the process of buying your own. I'll help you choose the one best for you and help with the paperwork, then we will practice together.

    or

    Me: Let's make a date to go to the range so you can shoot it.


    It amazes me the choices in risks we rationalize over. We all insist on the right to carry for the infinitely small chance of needing a gun to protect us where ever we are, but we will will throw liability to the wind and take the real risk of years of angst an possible financial disaster by loaning out a firearm. When you do a good deed by loaning out a gun, you think it is only going to Bob who is as careful as you are. You have no idea what really will happen. The risk is huge and potentially devastating to your dependents. Not worth it.

  16. #45
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    Quote Originally Posted by marcclarke View Post
    Liability. Your sister's numb-nuts husband uses the handgun you lent to her for her protection and shoots someone stealing his flat-screen TV. The robber survives, maimed and confined to a wheel chair for life. The robber's family retains a lawyer on zero-retainer, with the lawyer getting a percentage. The lawyer goes looking for deep pockets and selects you to contribute to the lawyer's yacht fund. The lawyer sues you in civil court for having negligently lent your handgun out and caused his client's injuries. You are clearly liable for paying the robber's medical bills for life, asserts the lawyer, since had you not lent the handgun to your sister the lawyer's client would never have been maimed. You are now in court, paying your own lawyers, and you will be there forever, because the lawyer retained by the robber's family has infinite patience and approximately zero expenses to keep bleeding you in court until either he wins a huge judgement or you cave and pay him immense amounts of money to get him to stop soaking you in court.

    Your insurance agent informs you that your umbrella policy does not cover this situation. You are on your own, financially speaking.

    Fair has nothing to do with it. This is how the world works these days. Lawyers go after pockets. The robber's lawyer won't stop until he owns your house and cars and can garnish your wages forever.

    Give your sister cash and have her buy her own handgun. Stay completely out of the purchase loop. Do not buy a firearm and give it to your sister. Have her buy her own gun(s). Never lend firearms to anyone, even family.


    Any lawyer worth a hill of beans could also argue that if HIS client did not break into your sisters house, he would not have been shot, therefore HE was negligent for his own injury.

    My son has one of my firearms, and that is it.
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