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What are the laws regarding lending firearms to immediate family?


Lord_Balkan

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(a-15) The provisions of subsection (a-10) of this Section do not apply to:

 (2) transfers as a bona fide gift to the
    
transferor's 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;
(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;
(6) temporary transfers that occur while in the home
   

 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapterID=39

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On 4/6/2022 at 12:11 PM, spanishjames said:

(a-15) The provisions of subsection (a-10) of this Section do not apply to:

 (2) transfers as a bona fide gift to the
    
transferor's 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;
(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;
(6) temporary transfers that occur while in the home
   

 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1657&ChapterID=39

 

Sounds like that makes sense and you can just hand over the firearm as it's a loan and you don't have to do anything. Glad I was wrong about that. 

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On 4/6/2022 at 1:17 PM, solareclipse2 said:

Sounds like that makes sense and you can just hand over the firearm as it's a loan and you don't have to do anything. Glad I was wrong about that. 

 

It's still legally a transfer, assuming the firearm and your family member don't stay in your presence and your family member and you reside in the same state (so the Feds don't care). It just doesn't have to be documented or involve an FFL.

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In lending a firearm I purchased 2 years ago to an immediate family member for the purpose of carry to protect her self, I would have to do a transfer? If it's my property isn't it her property too? 

Or is your wife not considered an immediate family member? 

Say mom and or dad live across the street and they now want to have a firearm in their home due to recent break-ins. This would trigger a transfer?

 

Yes wife can buy her own firearm as the money comes from the same pot no biggie.

Yes mom and dad can buy a firearm but have limited funds and only want it fore now and have no intentions of keeping it.

Can you lend your neighbor a firearm to take to the range and test? He has a FOID and experience. I'm not interested in going?

You and I go to the range for a range day Bro fest! I'm at the pistol range and you want to do a little rifle shooting. Can you take my AR to the rifle range and start blowing away my stash of ammo?

 

Asking for some friends!

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On 4/6/2022 at 2:18 PM, Bubbacs said:

In lending a firearm I purchased 2 years ago to an immediate family member for the purpose of carry to protect her self, I would have to do a transfer? If it's my property isn't it her property too? 

Or is your wife not considered an immediate family member? 

Say mom and or dad live across the street and they now want to have a firearm in their home due to recent break-ins. This would trigger a transfer?

 

Yes wife can buy her own firearm as the money comes from the same pot no biggie.

Yes mom and dad can buy a firearm but have limited funds and only want it fore now and have no intentions of keeping it.

Can you lend your neighbor a firearm to take to the range and test? He has a FOID and experience. I'm not interested in going?

You and I go to the range for a range day Bro fest! I'm at the pistol range and you want to do a little rifle shooting. Can you take my AR to the rifle range and start blowing away my stash of ammo?

 

Asking for some friends!

Add to those questions:

 

Brother lives next door, can I lend him a firearm without transfer?

if he moves out of state do I then have to do a transfer?

Can I give him a firearm without transfer?

if I give him a firearm and he then moves out of state do I have to do a transfer?

 

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On 4/6/2022 at 2:34 PM, Tip said:

Add to those questions:

 

Brother lives next door, can I lend him a firearm without transfer?

if he moves out of state do I then have to do a transfer?

Can I give him a firearm without transfer?

if I give him a firearm and he then moves out of state do I have to do a transfer?

 

 

 

I am fairly certain I can make a gift of a firearm to my eligible nephew, brother, etc. They could also reciprocate later by returning the gift. The gift could be an understanding that it is a gift for a certain time period. The gift of a gun to use for a month or a day is still a gift. If it was a permanent gift and my brother moves out of state the following week... at that point it was his gun, not mine.

 

I sometimes imagine gifting my guns before my death, as my Uncle Don did for me. He had planned to give them to me months before my last visit. He did check my FOID. I would do the same... you don't want someone getting into trouble. At This point... I decided to gift these guns to a nephew several years ago when it is time. I think that satisfies any waiting period if there is one for gifts to family members. I don't think it matters that he will know nothing of this gift before it is in his hands.

*It's gonna be a long time before this happens... I will choose someone else when I outlive the kid.

 

Use your own judgement after reading the statute.

I am not qualified to give such advice.

 

(430 ILCS 65/3) (from Ch. 38, par. 83-3)
    (Text of Section from P.A. 102-237)
    Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition... [more]

 

The text below is also part of  Sec. 3 (a) above:

 

(a-15) The provisions of subsection (a-10) of this Section do not apply to:

(2) transfers as a bona fide gift to the
    
transferor's 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;
 
 
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On 4/6/2022 at 3:18 PM, Bubbacs said:

In lending a firearm I purchased 2 years ago to an immediate family member for the purpose of carry to protect her self, I would have to do a transfer? ...

 

A transfer is a legal concept that means ownership of something is passed from one person to another. The Feds may require a 4473 for an interstate firearm transfer. The state may require some documentation for a non-family, intra-state firearm transfer. However, documentation is not the crucial element that makes a transfer of anything be a transfer.

 

There are, of course, lots of laws around firearm possession and transfers. Legally there's no such thing as lending a firearm the way most people mean when they think of "lending." Usually people think of lending as a contract for temporary use, whether or not the item stays in the owner's immediate vicinity. For firearms, most of that concept is null. You can lend a buddy a rifle to hunt, as long as you and your buddy stay in reasonable proximity. If he leaves to hunt without you, that was a transfer. If he gives you the rifle back and the government never finds out, you won't be arrested, but that didn't make it legal. Similarly, a range can lend you a gun to use, but you have to use it on the range only. If you leave with it, that's theft.

 

On 4/6/2022 at 3:34 PM, Tip said:

Add to those questions:

 

Brother lives next door, can I lend him a firearm without transfer?

if he moves out of state do I then have to do a transfer?

Can I give him a firearm without transfer?

if I give him a firearm and he then moves out of state do I have to do a transfer?

 

When you gave him your gun, it became his gun. That's the transfer. No paperwork is required because you live in the same state and you're close family. Maybe you expect that he'll transfer it back to you the same way, but that's up to him. When he leaves the state, he can take his gun with him. There's no paperwork for that, either. You could sue him, if you really want it back, saying he promised you the gun and he broke that promise. Good luck with that.

 

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On 4/6/2022 at 3:29 PM, Euler said:

 

A transfer is a legal concept that means ownership of something is passed from one person to another. The Feds may require a 4473 for an interstate firearm transfer. The state may require some documentation for a non-family, intra-state firearm transfer. However, documentation is not the crucial element that makes a transfer of anything be a transfer.

 

There are, of course, lots of laws around firearm possession and transfers. Legally there's no such thing as lending a firearm the way most people mean when they think of "lending." Usually people think of lending as a contract for temporary use, whether or not the item stays in the owner's immediate vicinity. For firearms, most of that concept is null. You can lend a buddy a rifle to hunt, as long as you and your buddy stay in reasonable proximity. If he leaves to hunt without you, that was a transfer. If he gives you the rifle back and the government never finds out, you won't be arrested, but that didn't make it legal. Similarly, a range can lend you a gun to use, but you have to use it on the range only. If you leave with it, that's theft.

 

 

When you gave him your gun, it became his gun. That's the transfer. No paperwork is required because you live in the same state and you're close family. Maybe you expect that he'll transfer it back to you the same way, but that's up to him. When he leaves the state, he can take his gun with him. There's no paperwork for that, either. You could sue him, if you really want it back, saying he promised you the gun and he broke that promise. Good luck with that.

 

 

So, essentially, we can transfer firearms to close family members (parents, brother, etc) as long as they have a foid, without extra paperwork, or hoops?

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