CCW question Michigan vs Indiana

[ThoughPolice]

I am 20 years old and in the process of obtaining my CCW. My father lives in Michigan I live in Indiana. Would I be able to carry one of his handguns (obviously with his consent) even though he is a Michigan resident and I am an Indiana resident?

 

[moischmoe]

Once you have your Indiana LTCH, you can carry anybody's handgun. It doesn't matter who it belongs to, or where it came from. (Unless you stole it.) With your Indiana LTCH, you can also carry in Michigan- just be sure to follow Michigan state laws.

 

[JettaKnight]

In Indiana you can carry whatever handgun you want - so long as it's not stolen.

 

[ThoughPolice]

Ok I thought that was the case but I just wanted to double check. Thank you.

 

[Hawkeye]

I think Michigan has some sort of rules about registration/"safety" inspecition for handguns. I don't know that they apply to non-residents, though.

 

[Scutter01]

Er... you guys are missing the part where he said he and his dad live in separate states. Yes, he can carry any gun he wants, but there may be an issue with his dad loaning him a gun while he's a resident of another state:

18 USC 922(a)(5) would prevent an out-of-state friend or relative from giving you control and possession regardless of where the 'loan' takes place-

§ 922. Unlawful acts
(a) It shall be unlawful—
5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides

I seem to recall reading an ATF FAQ or something that said you could temporarily loan a gun across state lines, but I can't find it to cite it.

I think Michigan has some sort of rules about registration/"safety" inspecition for handguns. I don't know that they apply to non-residents, though.

MI stopped requiring that in 2008 or 2009.



EDIT: Found it:

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Note that "licensed" means FFL, not LTCH.

 

[cosermann]

If you both lived in MI there wouldn't be a problem carrying it.

"[FONT=Arial, Helvetica]MCL 28.432[/FONT] An individual can carry, possess, use or transport a pistol belonging to another individual, if the pistol is properly licensed and inspected under the Act, and the individual carrying, possessing, using or transporting the pistol has obtained a license to carry a pistol concealed permit from Michigan."

Also, if you both lived in IN there obviously wouldn't be a problem carrying it with a LTCH.

However, there's the "interstate loan" (i.e. transfer?) piece of this to consider as well and that falls under federal law.

Edit: Scutter, looks like we doubled. Thanks for posting links to the relevant fed law.

 

[PatriotPride]

I find it to be complete crap that if I were to move to Michigan and purchase a firearm, I couldn't gift it to my Father at some point down the road without going through an FFL. Government interference, much?

 

[Caleb]

I would never lend my firearm out to anybody, I mean anybody. The one and only time I did was during the June flooding of 2008 and it was to my father who stayed behind with the house(no electricity) while we went to a shelter.

 

[ThoughPolice]

Sorry if I seem a bit slow with this.

So it is not ok for me to borrow my fathers handgun because of state differences?

I am not buying it from him, nor is it given to me. Does that matter at all?

 

[Scutter01]

Sorry if I seem a bit slow with this.

So it is not ok for me to borrow my fathers handgun because of state differences?

I am not buying it from him, nor is it given to me. Does that matter at all?

I would say no, based on the federal laws I quoted. You aren't borrowing it for sporting purposes. He could gift it to you through an FFL and you could gift it back later.

 

[ThoughPolice]

I would say no, based on the federal laws I quoted. You aren't borrowing it for sporting purposes. He could gift it to you through an FFL and you could gift it back later.

Ok thanks