Loaner weapons?

[G27]

Not sure where to put this one...

I know and have read about a few folks who have had to sell their only carry weapons to pay bills lately - times are tough all over. Does anyone know what, if any, legal precedence or ramifications related to the 'loaning' of firearms to a legally licensed (read: THCP holder) person would be?

I'm thinking that loaning out a couple of C&R type of pistols may help some folks through the rough times but don't want unnecessary legal exposure.

Thoughts?

[Mike.357]

Not sure where to put this one...

I know and have read about a few folks who have had to sell their only carry weapons to pay bills lately - times are tough all over. Does anyone know what, if any, legal precedence or ramifications related to the 'loaning' of firearms to a legally licensed (read: THCP holder) person would be?

I'm thinking that loaning out a couple of C&R type of pistols may help some folks through the rough times but don't want unnecessary legal exposure.

Thoughts?

I am not a lawyer, but I would do the same thing. If Nate was near me I would gladly and faithfully lend him something he could carry.

it is not illegal to lend a firearm, even across state borders.

Maybe PM Chip @ Cain for some guidance.

Edited July 30, 2010 by Mike.357

[midtennchip]

Well, I am assuming your are thinking of civil liability if the person you loaned a gun to shot someone with it. I'd be interested in hearing what redstategunnut and P.Stegall have to say, but I don't see it as being that much different than loaning a car to someone. You could be held liable in a civil suit if you were negligent in your decision to loan the gun. On another front, if the gun was somehow defective (and I know you wouldn't knowingly loan a defective gun) and something happened to the guy (or anyone else for that matter), you could also be held liable under a negligence theory.

While your thoughts are pure, I always caution my clients that "no good deed goes unpunished."

[G27]

I wonder if I couldn't have the person I'm loaning the firearm to to sign something? I know that wouldn't be much protection, but at least documenting the fact that I was not responsible for the firearm or what the person does with it would surely be helpful, no?

Any advice is appreciated here. If I need to pay one of you legal types to draw something up so I can more safely help one of these guys, I'm willing.

[Ebow1]

I think a photocopy of their HCP would be a good thing to get from them. Then you could show that you made certain they were licensed and legally allowed to carry a handgun.

[bronco302]

If you trust this person, sell it to them on the cheap with bill of sale. Then it belongs to them. When times get better buy it back for the same. Liability is theirs I would think.

Joe W.

[DaveTN]

If you are worried about civil liability; I wouldn’t do it.

Maybe one of the lawyers here can address this, but I don’t think you can have people sign away your liability.

[BigK]

If you trust this person, sell it to them on the cheap with bill of sale. Then it belongs to them. When times get better buy it back for the same. Liability is theirs I would think..

This is a great idea, given that you truly trust the person not to sell it out from under you.

Put a first rights to sale stipulation on the agreement.

[Guest nozzle13]

If anyone needs a loaner handgun I can probably get you a used AK47 handgun with a blaze orange flash hider.

LOL

Na, really I'm interested in this as several of the fellas I work with, might be interested in this as well.

[Guest HvyMtl]

"Put a first rights to sale stipulation on the agreement." (IMHO: May not be enforceable, and may not remove the liability... Makes the intent behind the sale look like a loan, or rental, not a sale...)

IF you trust the fellow and have a strong friendship, a light weight sale is the way to go. Sell it to him for $100 or so. Then buy it back later. Or, if he is a great friend, gift it to him. Still fill out a "Firearm Bill of Sale" to cover your butt, in case he has to use it.

A true friend is worth a firearm, right?

[G27]

I spoke with an attorney about this and was given the green light, so to speak. He laid out a few details but the short of it is there's very little in the way of exposure regarding loaning a firearm.