Carrying my Wife's gun?

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  • Indynic

    Sharpshooter
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    This must have been covered in the past, but I have searched and have not found anything. I have my Lifetime Carry permit.

    Can I carry a gun that my wife purchased and technically is hers?? Is there anything the law states on this?

    I hope that the law looks at as we both own the gun, kinda of like every other asset in a marriage, but I want to know for sure. Thanks.
     

    Lectric102002

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    This must have been covered in the past, but I have searched and have not found anything. I have my Lifetime Carry permit.

    Can I carry a gun that my wife purchased and technically is hers?? Is there anything the law states on this?

    I hope that the law looks at as we both own the gun, kinda of like every other asset in a marriage, but I want to know for sure. Thanks.

    Yes you can.

    (Just ask permission first)
     

    KG1

    Forgotten Man
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    If it doesn't come up as a stolen firearm then there is no reason for the law to be concerned with who owns it in your case. Carry away.
     

    GunnerDan

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    Nov 16, 2012
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    OK, so in this same vein, would I legally be allowed to carry my fathers pistol? Now my father lives in Kentucky, I live here in Indiana, and I have his permission to be in possession of his pistol.

    I think I would be fine legally, but then again with the myriad of laws infringing upon our RIGHT to keep and bear arms it may be something to be concerned about.

    Gunner
     

    Lectric102002

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    OK, so in this same vein, would I legally be allowed to carry my fathers pistol? Now my father lives in Kentucky, I live here in Indiana, and I have his permission to be in possession of his pistol.

    I think I would be fine legally, but then again with the myriad of laws infringing upon our RIGHT to keep and bear arms it may be something to be concerned about.

    Gunner

    Your LTCH says you can carry any handgun LAWFULLY POSSESSED.

    It does not have to be yours.
     

    The Bubba Effect

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    As long as you have your license to carry and you are a "proper person" (not a felon, etc) you can carry your wife's handgun, your dad's handgun or my handgun if I loan it to you. In Indiana you license does not refer to who the owner of the handgun is.
     

    The Bubba Effect

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    OK, so in this same vein, would I legally be allowed to carry my fathers pistol? Now my father lives in Kentucky, I live here in Indiana, and I have his permission to be in possession of his pistol.

    I think I would be fine legally, but then again with the myriad of laws infringing upon our RIGHT to keep and bear arms it may be something to be concerned about.

    Gunner

    I don't think the carry laws would prohibit this, but I don't know how the law views interstate person to person transfer of handguns. If the law frowned on this situation, I suspect it would be tied to the interstate transfer part of the equation and not the carrying part.
     

    GunnerDan

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    I don't think the carry laws would prohibit this, but I don't know how the law views interstate person to person transfer of handguns. If the law frowned on this situation, I suspect it would be tied to the interstate transfer part of the equation and not the carrying part.


    I think that interstate laws are only dealing with the sale of a handgun across state lines. Loaning a handgun is perfectly legal but then again IANAL.

    Gunner
     

    VERT

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    I don't think the carry laws would prohibit this, but I don't know how the law views interstate person to person transfer of handguns. If the law frowned on this situation, I suspect it would be tied to the interstate transfer part of the equation and not the carrying part.

    I think that interstate laws are only dealing with the sale of a handgun across state lines. Loaning a handgun is perfectly legal but then again IANAL.

    Gunner

    Carrying your father's gun would be interstate transfer of a pistol. It does not matter if a person "borrows" "buys" or "gifts" the gun. Possession is basically ownership in this situation. Of course as long as the gun is not reported stolen, nobody would know that it belonged to your dad in KY and not you the IN resident.

    No problem carrying your wife's gun. In fact you can even carry my gun provided you are an IN resident with LTCH.
     

    jwh20

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    This must have been covered in the past, but I have searched and have not found anything. I have my Lifetime Carry permit.

    Can I carry a gun that my wife purchased and technically is hers?? Is there anything the law states on this?

    I hope that the law looks at as we both own the gun, kinda of like every other asset in a marriage, but I want to know for sure. Thanks.

    Please look at your LTCH. It identifies YOU as a person licensed to carry a handgun. It says nothing about any particular handgun. In Indiana (for now at least) there is no gun registration of any kind. You don't need a license to purchase, keep, or use a gun in your home.
     

    GunnerDan

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    Nov 16, 2012
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    Carrying your father's gun would be interstate transfer of a pistol. It does not matter if a person "borrows" "buys" or "gifts" the gun. Possession is basically ownership in this situation. Of course as long as the gun is not reported stolen, nobody would know that it belonged to your dad in KY and not you the IN resident.

    No problem carrying your wife's gun. In fact you can even carry my gun provided you are an IN resident with LTCH.

    So are you attempting to say that it is illegal to loan from father to son a firearm across state lines unless that loan is made thru a FFL?

    Gunner
     

    Cameramonkey

    www.thechosen.tv
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    So are you attempting to say that it is illegal to loan from father to son a firearm across state lines unless that loan is made thru a FFL?

    Gunner

    I think so. You cant gift or sell (interstate only) without a FFL being involved. Whats to prove it was loaned and wasnt gifted? As long as the father is present, its a no brainer just like its legal to borrow a hunting partner's extra gun for somethng you dont have the proper gun for. (you take me hog hunting and the only rifle I own is a 10/22) But as soon as dad leaves, it could be construed as a transfer of ownership/gift if the gun doesnt leave with dad.

    There are some vagaries in the law as mentioned. I wouldnt want to be the test case.
     
    Last edited:

    OkieGirl

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    It is legal, but maybe not advisable... unless you provide her with a reasonable substitute. She may want to visit and coonfinger a few at your LGS in anticipation of you "borrowing" her firearm. If she needs a shopping buddy just let me know.:cool:
     

    Indy_Guy_77

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    I think so. You cant gift or sell without a FFL being involved. Whats to prove it was loaned and wasnt gifted? As long as the father is present, its a no brainer just like its legal to borrow a hunting partner's extra gun for somethng you dont have the proper gun for. (you take me hog hunting and the only rifle I own is a 10/22) But as soon as dad leaves, it could be construed as a transfer of ownership/gift if the gun doesnt leave with dad.

    There are some vagaries in the law as mentioned. I wouldnt want to be the test case.

    Gifting and selling need an FFL transfer of some kind.

    Loaning does not.



    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]


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