While at the range yesterday a woman said she had just gotten her CCW but did not own a gun yet. One of her friends said that she would loan her one until she got her own. That got me thinking. Can you loan guns for concealed carry? So I did a little research.
Can I carry some else’s gun? Under the latest federal law that I found you could carry a gun that you don’t own provided that the gun is legally registered and you are not prohibited from purchasing or possessing a firearm and it is for lawful purpose. To conceal carry you must meet your state’s conceal carry law. State laws vary widely.
Ok, straight out this discussion is not legal advice I am not an attorney. This is simply a discussion of what I found through research.
Do not a lender or borrower be. This seems to be the advice of many attorneys. At least when talking about loaning or borrowing a gun from someone outside of your immediate family. Many states recognize that a husband and wife may both be the holder of a CCW but only have a single gun.
However if you were to loan a handgun to say a friend at work, a gun that you are responsible for is now out of your control.
As the borrower, you may not truly know the history of the gun you are now carrying. What if when the serial number is ran it comes back stolen? Not a situation I would want to get into.
The federal law
THIS IS AS OF 12/2016
Pursuant to 18 USC 922(a)(5), it is unlawful for “for any person…to transfer, sell, trade, give, transport, or deliver any firearm to any person…who the transferor knows or has reasonable cause to believe does not reside in…the State in which the transferor resides; except that this paragraph shall not apply to…(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;”
However, pursuant to 18 USC 922(d),
It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance…; (4) has been adjudicated as a mental defective or has been committed to any mental institution; (5) who, being an alien— (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a non-immigrant visa…(6) who has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child…(9) has been convicted in any court of a misdemeanor crime of domestic violence.
State laws vary widely.
Each state has its own take on the transferring and lending of firearms and of course, concealed carry. For instance, Pennsylvania will allow an individual to lend shotguns and rifles to another but not a handgun unless the person receiving the gun has a CCW in that state.
California requires the serial number of the gun that you are carrying to match the serial number registered on your CCW.
I guess you would not have a CCW in California if you did not own the gun.
In States that have constitutional carry laws, you may be allowed to borrow a gun for concealed carry if you are not prohibited from possessing a firearm.
As for me, I don’t think I would feel comfortable loaning a gun to someone else for concealed carry.
What if they have an accident with my firearm?
I think being that I am the owner of the gun, I am probably going to have a legal headache that I really don’t need.
I like to have control over where my guns go and how they are stored. But that’s just me.
Other Related Questions
Can I buy a gun from a friend? Buying an occasional gun from a private individual can be done in many states. The laws will vary state to state, California, for instance, will require all private sales to be conducted through a licensed gun shop. A few states require that the seller obtain a transfer registration number. You are not allowed to sell a gun directly to an individual in another state. You are also barred from selling a firearm to anyone prohibited from owning one. So the best answer is to check your state and local laws for private firearm sales before you proceed.
Do I need a holster to carry? My short answer is yes. I would never carry without a holster. For more information see my article Is a holster required for concealed carry?