Let me address some issues:
N8RV- a "bonafide gift" is a legal term of art and is permanent by definition. A loan or letting someone shoot your gun, even your spouse or children is not permanent and by definition, not a "bonafide gift". Therefore, it is not covered by this exception and is a transfer requiring the background check unless another exception applies. Yes, you can give a gun permanently as the statute says, but you cannot exchange anything for it, sell it or even give them possession temporarily, as in letting them shoot it, without triggering the background check requirement.
Also, as to that transfer "less than 7 days" noted above, that exception only applies in your own home or the curtilage of your home. It does not apply at someone else's home or anywhere else. Further, "curtilage" is another legal term of art. It does not apply to all of the property you may own. It only applies to the area of the property just outside the house. It specifically (under the common law) excludes open fields. Some people may shoot in their own yards within a few feet of the door, but most do not. They go out to a field or in the woods. In almost all circumstances, that will not be in the "curtilage" which means it is not covered by the exception and the transfer requires a background check.
As for the "sporting" exception, Is the shooting range you go to incorporated? Do you know? Is the competition you go to "state approved" or conducted by a non-profit? Why should we even have to find out?
As for hunting, that, at least, seems a little more logical.
Remember- this applies to ALL TRANSFERS, not just ownership- it applies to loans, gifts and simply letting a person hold your gun. How do i know? The statute says it:
DON'T FORGET THIS- If you ever get accused of an improper transfer under this law, it will be your burden to prove that you fall under an exception. Under this law, the gvt. would have the burden to prove that the transfer took place without a background check- you would then have to establish the affirmative defense that an exception applies.
...ask yourselves- why should law abiding people have to prove that they were in the right when they let their brother in law shoot their new gun? Why should we have to prove we are legal when a buddy and you traded shotguns out shooting clays in a field?
N8RV- a "bonafide gift" is a legal term of art and is permanent by definition. A loan or letting someone shoot your gun, even your spouse or children is not permanent and by definition, not a "bonafide gift". Therefore, it is not covered by this exception and is a transfer requiring the background check unless another exception applies. Yes, you can give a gun permanently as the statute says, but you cannot exchange anything for it, sell it or even give them possession temporarily, as in letting them shoot it, without triggering the background check requirement.
Also, as to that transfer "less than 7 days" noted above, that exception only applies in your own home or the curtilage of your home. It does not apply at someone else's home or anywhere else. Further, "curtilage" is another legal term of art. It does not apply to all of the property you may own. It only applies to the area of the property just outside the house. It specifically (under the common law) excludes open fields. Some people may shoot in their own yards within a few feet of the door, but most do not. They go out to a field or in the woods. In almost all circumstances, that will not be in the "curtilage" which means it is not covered by the exception and the transfer requires a background check.
As for the "sporting" exception, Is the shooting range you go to incorporated? Do you know? Is the competition you go to "state approved" or conducted by a non-profit? Why should we even have to find out?
As for hunting, that, at least, seems a little more logical.
Remember- this applies to ALL TRANSFERS, not just ownership- it applies to loans, gifts and simply letting a person hold your gun. How do i know? The statute says it:
Why does it include the exception for a "prospective transferee" to evaluate or examine? Because any other time you hand a person the gun, no matter how short the time, the background check requirement is triggered unless there is an exception.
DON'T FORGET THIS- If you ever get accused of an improper transfer under this law, it will be your burden to prove that you fall under an exception. Under this law, the gvt. would have the burden to prove that the transfer took place without a background check- you would then have to establish the affirmative defense that an exception applies.
...ask yourselves- why should law abiding people have to prove that they were in the right when they let their brother in law shoot their new gun? Why should we have to prove we are legal when a buddy and you traded shotguns out shooting clays in a field?
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