Are you allowed to lend a gun to a friend?

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  • Bountied

    Ultimate Member
    Apr 6, 2012
    6,893
    Pasadena
    I'd be too worried they wouldn't clean it and make sure it gets tucked in with a bedtime story correctly. I won't even let my dad watch my kids. One time he gave my 1.5 yo a giant hunk of steak to gnaw on.
     

    lemmdus

    Active Member
    Feb 24, 2015
    380
    Your friend wants to shoot the handgun, go to the range with them and let them shoot it with you there. Its a bad idea to lend a hand gun to a friend, too many things can go wrong.
     

    eruby

    Confederate Jew
    MDS Supporter
    Yeah, the problem here is essentially "when does a temporary loan become a more permanent transfer?" There isn't a problem with loaning out a handgun temporarily, IMHO (albeit you could not rent it!). If you defined the duration of the loan in writing (even if it were just an email) as like "one month", I think that would probably solve the issue.

    Of course, this all assumes the friend can legally possess a handgun...

    Looks like erwos is the only one who answered the OP's question, and it's a 'yes'.
     

    John2510

    Member
    Feb 15, 2011
    89
    Silver Spring, since 1973
    Wasn't the definition of Transfer decided by: CHOW v. STATE

    "We find that the temporary gratuitous exchange or loan of a regulated handgun between two adult individuals, who are otherwise permitted to own and obtain a regulated handgun, does not constitute an illegal “transfer” of a firearm... ..."

    IANAL, but it seems like this defines a transfer as being different than a "temporary gratuitous exchange or loan."

    https://caselaw.findlaw.com/md-court-of-appeals/1123356.html

    I realize this is an old thread, but I had the same question.

    Almost all of the responses to the original question address whether it's a good idea to lend someone a gun, rather than whether you're legally allowed to.

    The case you cite makes it clear that the use of the word "transfer," as used in the statute referenced by another poster (MD Pub Safety Code § 5-117.1) would refer only to a permanent transfer, not a loan.

    In fact, the statutory section is entitled: "Handgun qualification license required for purchase of handguns."

    So, whether it's remotely a good idea to lend your gun to anyone or not, it appears to be legal - at least as far as the authorities discussed in this thread go.

    If anyone has any reason to think otherwise, I'd be interested to hear the reasons.
     
    May 25, 2021
    54
    It’s all in The Who the friend is to me and it would be under my lock in key at the end of the day. Believe this question actually came up during my HQL course, and I believe the instructed said that as long as it’s in your possession at the end of the day, you would be okay. But this also could have been about someone’s spouse. It’s been a minute since my course so details are fuzzy!
     

    JohnC

    Active Member
    May 29, 2019
    311
    Baltimore, MD
    It’s all in The Who the friend is to me and it would be under my lock in key at the end of the day. Believe this question actually came up during my HQL course, and I believe the instructed said that as long as it’s in your possession at the end of the day, you would be okay. But this also could have been about someone’s spouse. It’s been a minute since my course so details are fuzzy!

    This is 100% bad information. You need an HQL to posses a handgun in MD. Period. Under no circumstances should you ever lend another individual a handgun in the state of MD- or anywhere for that matter. Sure we all have friends we love and trust, but it's just a dumb idea all around that has little to no upside.

    The *only* exception to this rule is letting someone, under your direct supervision, use your firearm. Other than that- not worth risking losing your rights for the rest of your life.
     

    GunBum

    Active Member
    Feb 21, 2018
    751
    SW Missouri
    This is 100% bad information. You need an HQL to posses a handgun in MD. Period. Under no circumstances should you ever lend another individual a handgun in the state of MD- or anywhere for that matter. Sure we all have friends we love and trust, but it's just a dumb idea all around that has little to no upside.

    The *only* exception to this rule is letting someone, under your direct supervision, use your firearm. Other than that- not worth risking losing your rights for the rest of your life.

    This is also 100% bad information. You do not need an HQL to possess a handgun in MD. Period.

    https://mdsp.maryland.gov/Organizat...605-26b7ef6a98bb}&SortField=Title&SortDir=Asc

    Unless otherwise exempt, as of October 1, 2013, a Maryland resident must possess a valid Handgun Qualification License before he/she may purchase, rent, or receive a handgun. Details on exemptions may be found below. You do not need a Handgun Qualification License to own a gun you already have. The Handgun Qualification License is only needed for purchasing, transferring, or renting a regulated firearm after October 1, 2013.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,239
    Montgomery County
    This is 100% bad information. You need an HQL to posses a handgun in MD. Period.

    Well, since we're getting into the Weeds O' Nuance ... that's not quite the case. My wife, for example, owns and possess handguns in Maryland, but doesn't have an HQL. Why? Because the last time she personally bought some, they weren't needed.

    It's not that (now) possession isn't legal, it's freshly TAKING possession. All the hair splitting can focus on what - specifically - amounts to taking possession. Getting it from the owner and driving away with it for a weekend's test shooting is not the same as being in the next lane over at the range from the observant owner, and using it.

    Even in the current market, the gun owner is - for a lot of good reasons! - better off helping that other person navigate the procurement of their own gun. If it's about self defense at the home, there are LOTS of options available to purchase, and arguably plenty of them are not handguns.

    But the ol', "Hey, can I borrow your P226 for my match this weekend?" thing is DOA in Maryland.
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,598
    Glen Burnie
    This is an interesting topic. My son and I had talked about him getting his first pistol for home defense but he didn't yet have his HQL when a deal popped up from a fellow MDS'er for a Sig SP2022. It was a good deal and I thought it would be a good first pistol for him, so I jumped on the deal - he actually paid for it, but legally the gun is mine, and it's sitting in my safe. He still hasn't gotten off of his @$$ to go get his HQL, and legally I can't let him have it - I'll have to transfer it to him just like anyone else. AFTER he has his HQL.

    He's coming over tonight and I'll remind him again that he needs to take care of that - it won't take him long, but he does need to do it.
     

    Mightydog

    Ultimate Member
    MDS Supporter
    So you “loan” a friend a gun. Is he a prohibited person? How will he secure the weapon while in his house? Does he have any children? Are you aware that if that weapon is involved in any infraction or altercation or stolen YOU will be responsible. Is it worth the risk?
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    So you “loan” a friend a gun. Is he a prohibited person? How will he secure the weapon while in his house? Does he have any children? Are you aware that if that weapon is involved in any infraction or altercation or stolen YOU will be responsible. Is it worth the risk?

    The closest I’d consider coming is family or close friends who are already gun owners and I know closely where I can’t physically go to the range with them, but they want to try something out and they’ll be going to the range from my house and coming right back with it.

    The law did change to better define this stuff, but there is just too much risk and too likely a DA would want to make an example out of you even if you complied completely with the law. So sadly better to do too much and reduce your risk.
     

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