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Laws regarding lending of a handgun


jawman

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Due to recent events, a friend of mine who lives in Chicago has asked me what the laws are regarding the lending of a firearm. He is understandably concerned with his family's safety, which includes a very young child. He has his FOID card, and is older than 21. He does not currently own a firearm, but does have some experience with firearms. Can one legally lend him a firearm for personal protection until he is able to get to a gun store and purchase his own? I know when purchasing there is a mandatory waiting period, but I've never thought about what the laws are regarding borrowing a handgun. Thank you.

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There’s a difference between “friend” and immediate family, no?

Just going where we are heading.

Mom, Dad, Brother, Sister maybe, maybe they can hold your possessions (wink, wink) for a while!

But to hand out a firearm to a friend in Chicago of all places, not a good idea at all.

 

Not funny, and no one knows why, but after 3 to 4 days of riots and looting is not the time to be worried about your safety.

Yesterday? Last week?

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Correct me if Iâm wrong (and Iâm sure somebody will) but a bona fide gift to a family member does not require a transfer. I believe Family member must have FOID though.

 

Family listed as:

husband, wife, son, daughter, stepson, stepdaughter,

father, mother, stepfather, stepmother, brother, sister,

nephew, niece, uncle, aunt, grandfather, grandmother,

grandson, granddaughter, father-in-law, mother-in-law,

son-in-law, or daughter-in-law.

 

 

Hmmmmm , what does this exclusion to transfer requirement mean??

 

(6) temporary transfers that occur while in the home of

the unlicensed transferee, if the unlicensed transferee is

not otherwise prohibited from possessing firearms and the

unlicensed transferee reasonably believes that possession

of the firearm is necessary to prevent imminent death or

great bodily harm to the unlicensed transferee;

 

http://www.ilga.gov/legislation/publicacts/98/098-0508.htm

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.... Hmmmmm , what does this exclusion to transfer requirement mean?? (6) temporary transfers that occur while in the home of the unlicensed transferee, if the unlicensed transferee is not otherwise prohibited from possessing firearms and the unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee; http://www.ilga.gov/legislation/publicacts/98/098-0508.htm

"Imminent death or great bodily harm" means the same there as anywhere else in the law: somebody is in their home, threatening their lives, not later maybe, but right now for real. It's the same condition applied to when you can use lethal force to defend yourself or others.

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The OP was asking and yes I went back up above to read again, he was asking about giving a personal firearm owned by him to a “FRIEND” whom lives in Chicago.

 

Didn’t ask about family members etc.

But as always IANAL and can not correctly answer his question, legally about handing off a firearm to a “FRIEND” in Chicago.

 

Sheesh

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Why not do a transfer through the state police web site? It cost nothing. Write up a contrast stating you are loaning him a particular gun for a particular time. State the value of the gun. Have him agree to transfer the gun back to you by a certain date. State a penalty if not returned by such date. Two copies signed and dated by both parties.
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There is a three day waiting period in Illinois from the time you agree to a transfer, whether a gift, loan or sale.

You need to verify the transferee's FOID through the ISPS portal.

I’ve always wondered when does the 3 day/72 your waiting period officially begin? If it’s when you agree, could you simply agree via text message, email, phone call? Then run the FOID # through ISP website, and after 72 hours the transferee can take possession?

Or does the 72 hour waiting period begin after you run the FOID through the ISP system?

The whole “72 hours after an agreement is made” seems like a very gray area.

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There is a three day waiting period in Illinois from the time you agree to a transfer, whether a gift, loan or sale.

You need to verify the transferee's FOID through the ISPS portal.

I’ve always wondered when does the 3 day/72 your waiting period officially begin? If it’s when you agree, could you simply agree via text message, email, phone call? Then run the FOID # through ISP website, and after 72 hours the transferee can take possession?

Or does the 72 hour waiting period begin after you run the FOID through the ISP system?

The whole “72 hours after an agreement is made” seems like a very gray area.

 

 

When you come to a deal is when it begins.

 

If I buy something from out of state, which needs to be transferred by my FFL, it usually takes that three days to arrive via USPS. I've always been fortunate to receive instant approval when I come in to do the paperwork with my FFL after the gun arrives. Not all FFLs agree. I look for one who does.

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There is a three day waiting period in Illinois from the time you agree to a transfer, whether a gift, loan or sale.

You need to verify the transferee's FOID through the ISPS portal.

 

I’ve always wondered when does the 3 day/72 your waiting period officially begin? If it’s when you agree, could you simply agree via text message, email, phone call? Then run the FOID # through ISP website, and after 72 hours the transferee can take possession?

Or does the 72 hour waiting period begin after you run the FOID through the ISP system?

The whole “72 hours after an agreement is made” seems like a very gray area.

 

 

 

 

When you come to a deal is when it begins.

 

If I buy something from out of state, which needs to be transferred by my FFL, it usually takes that three days to arrive via USPS. I've always been fortunate to receive instant approval when I come in to do the paperwork with my FFL after the gun arrives. Not all FFLs agree. I look for one who does.

 

And at one point the court ruling that declared that was on the ISP website as well

 

 

Sent from my iPhone using Tapatalk

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Due to recent events, a friend of mine who lives in Chicago has asked me what the laws are regarding the lending of a firearm. He is understandably concerned with his family's safety, which includes a very young child. He has his FOID card, and is older than 21. He does not currently own a firearm, but does have some experience with firearms. Can one legally lend him a firearm for personal protection until he is able to get to a gun store and purchase his own? I know when purchasing there is a mandatory waiting period, but I've never thought about what the laws are regarding borrowing a handgun. Thank you.

Lending a firearm is not against the law.

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