Not your gun.
This is a discussion on Not your gun. within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I know you’re not lawyers but, what is the consensus on the legalities in Florida of carrying and shooting someone with a gun that’s not ...
March 16th, 2012 12:02 PM
Not your gun.
I know you’re not lawyers but, what is the consensus on the legalities in Florida of carrying and shooting someone with a gun that’s not yours. For instance one legally originally purchased by your father (father still alive)?
March 16th, 2012 12:24 PM
It is lawful to lend someone a firearm provided that they are lawfully able to possess it.
However, the loan must be temporary in nature and for a lawful sporting purpose if the recipient does not reside in the same state (18 USC 922(a)(5)).
If the father and child are both Florida residents and neither is prohibited from possessing a handgun, I do not see any legal issue.
(n) - a list of things that aren't going to happen if you are attacked.Blame it on Sixto
- now that
is a viable plan.
Learning to shoot again : Starting Over
March 16th, 2012 01:11 PM
Both live in Fl and have CCL in Fl. What about proof of trasnfer of ownership?
Originally Posted by MattInFla
March 16th, 2012 04:02 PM
There should be no need to transfer ownership. If you have a drivers license and borrow dad's car, does he need to transfer ownership of it for you to be able to drive it? Same principal applies.
Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.
NRA Life Member
March 16th, 2012 05:04 PM
There is no firearm registration, nor is there a requirement to carry the weapon you qualified with, therefore if you can legally own or possess the weapon, and he can legally own or possess the weapon then there is zero issue. If you or he cannot legally own or possess the weapon under federal law, then there is an issue. No "transfer of ownership" is required in your state. Some states require an FFL to transfer ownership. Yours does not.
Under the federal Gun Control Act of 1968, certain categories of persons are not eligible to possess a firearm or ammunition. These include
Fugitives from justice
Unlawful users of certain drugs
Those committed to a mental institution
Those convicted of crimes punishable by imprisonment for more than one year (which generally covers felonies)
Those convicted of crimes of domestic violence
The federal law not only creates a permanent ban on gun ownership for anyone convicted of a felony, it even applies to those under indictment for a felony.
With respect to “domestic violence,” that term is interpreted very broadly in the context of the Gun Control Act. In 2009, the Supreme Court held that the Act’s prohibition extends to anyone convicted of any crime involving “physical force or the threatened use of a deadly weapon” against a person with whom the perpetrator had a domestic relationship--even if the crime is just plain old “assault and battery” rather than a specific “domestic violence” charge.
Under the Gun Control Act, the conviction itself is enough to trigger the prohibition. It doesn’t matter whether the person actually served a sentence for the felony or crime in question.
March 16th, 2012 05:14 PM
sounds like you have someone in mind? As others have stated, there is no registration of guns in Florida, and its perfectly legal to own a gun that was given to you.
Give to them according to their deeds and according to the wickedness of their endeavors; give to them according to the work of their hands; render to them their deserts. Psalm 28:4
March 17th, 2012 01:50 PM
Thanks all for the responses
March 17th, 2012 03:45 PM
If you can "legally possess" and "legally carry" a firearm in FL, the ownership of said firearm is irrelevant--unless it happened to be stolen.
Retired USAF E-8. Official forum curmudgeon. Lighten up and enjoy life because:
Paranoia strikes deep, into your life it will creep. It starts when you're always afraid...
Buffalo Springfield - For What It's Worth
March 17th, 2012 10:32 PM
Indeed! Planning to frame dad?
Originally Posted by zonker1986
We all write weird stuff from time to time.
If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
March 17th, 2012 10:41 PM
We may not be lawyers, but we've read enough double talk, double think, to know that "jurisprudence" is code for.. "Uhhhh we don't know. So we'll just go with what we did last time."
"Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined." -Obligatory Founding Father Quote
March 18th, 2012 03:58 AM
Why not just buy it from your father for a small sum like $1.00 and then sell it back to him later?
March 18th, 2012 08:40 PM
Originally Posted by Hopyard
lol. Sounds like you all know how a son's mind works.
Originally Posted by Toorop
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