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Borrowing a gun from out of state.

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  • Maestro Pistolero
    Veteran Member
    • Apr 2009
    • 3897

    Borrowing a gun from out of state.

    I'm in Nevada, my brother's new LE duty weapon is in CA. Can I transport it to Nevada where I will have some work done to it? I am not eligible for a HSC, only because I am a Nevada resident. I have CCWs in Utah and Nevada. Anybody?
    www.christopherjhoffman.com

    The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights.
    Magna est veritas et praevalebit
  • #2
    dustoff31
    Calguns Addict
    • Apr 2007
    • 8209

    I'm pretty sure that's a federal no-no. Don't have the cite handy, but you would be taking possesion of a handgun outside your state of residence and taking it back to your state of residence.

    Unless you have a CA residence.
    "Did I say "republic?" By God, yes, I said "republic!" Long live the glorious republic of the United States of America. Damn democracy. It is a fraudulent term used, often by ignorant persons but no less often by intellectual fakers, to describe an infamous mixture of socialism, miscegenation, graft, confiscation of property and denial of personal rights to individuals whose virtuous principles make them offensive." - Westbrook Pegler

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    • #3
      Mssr. Eleganté
      Blue Blaze Irregular
      CGN Contributor - Lifetime
      • Oct 2005
      • 10401

      Like dustoff31 says, it would be a Federal "no-no".

      If you had an HSC then it would be legal under both California law and Federal law for you to borrow the handgun for 30 days within California, but only if the loan was for "sporting purposes".

      But Federal law prevents you from transporting the firearm back with you to Nevada.

      It shall be unlawful -

      (3) for any person, other than a licensed importer, licensed
      manufacturer, licensed dealer, or licensed collector to transport
      into
      or receive in the State where he resides (or if the person
      is a corporation or other business entity, the State where it
      maintains a place of business) any firearm purchased or otherwise
      obtained by such person outside that State
      ...
      __________________

      "Knowledge is power... For REAL!" - Jack Austin

      Comment

      • #4
        Maestro Pistolero
        Veteran Member
        • Apr 2009
        • 3897

        Pretty conclusive, thanks.
        -MP
        www.christopherjhoffman.com

        The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights.
        Magna est veritas et praevalebit

        Comment

        • #5
          norcal01
          Member
          • Feb 2010
          • 189

          Is it your brother's personally owned weapon or one issued by his department? I'd imagine if it's a department weapon then there is a department policy prohibiting him from letting anyone else take possession of it and only the department armorer is supposed to do any work to it. It's also worth thinking about what would happen if for some reason the gun was lost/stolen/damaged etc. while you had it. That could end up being a big problem for your brother. I doubt his supervisor would be pleased if he showed up for work without his duty weapon because he let someone else take it somewhere and didn't get it back in time for work.

          Comment

          • #6
            Maestro Pistolero
            Veteran Member
            • Apr 2009
            • 3897

            Originally posted by norcal01
            Is it your brother's personally owned weapon or one issued by his department?
            Personally owned, approved for duty, but not yet in service. He's still carrying his Les Baer until he's vetted the new gun.
            I'd imagine if it's a department weapon then there is a department policy prohibiting him from letting anyone else take possession of it and only the department armorer is supposed to do any work to it.
            Not an issue as mentioned.
            It's also worth thinking about what would happen if for some reason the gun was lost/stolen/damaged etc. while you had it. That could end up being a big problem for your brother.
            No an issue. It's a personal, approved duty weapon. And someone would have to get through me, 14 rounds of.45ACP (from my own gun), and a big can 'ole can of whoop-*** to get at it. After which all other concerns are moot.
            I doubt his supervisor would be pleased if he showed up for work without his duty weapon because he let someone else take it somewhere and didn't get it back in time for work.
            LOL

            The law, as written, does make me wonder if it would be impossible even to store weapons out of state without transferring them into a resident's name.
            www.christopherjhoffman.com

            The Second Amendment is the one right that is so fundamental that the inability to exercise it, should the need arise, would render all other rights null and void. Dead people have no rights.
            Magna est veritas et praevalebit

            Comment

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