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Discussion Starter · #1 ·
I've been led to believe in other forums, possibly also here but I can't be certain, that you should not carry a concealed weapon that you don't fully own; that is, a gun not ultimately registered (or whatever the proper term is) by the ATF on a 4473 in your name. I may be mistaken, but thought I'd ask and see what the consensus is on that point. Nothing in the statutes of my home state, Florida (FS 790) say anything one way or the other, nor does Florida have gun registration.

Reason I ask: all the guns in my house I filled in the 4473 with my name, except the LCP. My wife thought she wanted a carry weapon, we looked around and she seemed to like this little hand cannon. She filled out the 4473 herself, and I paid for it as a gift, so it's technically her gun, not mine. But after she and I went to the range a few times, she got jaded quickly on the whole notion of carrying (although she loves our shotgun), and decided she'd rather carry pepper spray. Oh well, but it left me with the pretty little LCP that I love to carry and shoot. It's almost always with me, even when I carry my own guns.

But if for some reason, even with my CHL with me, LE decides to make a stink if I'm caught carrying, the LCP is in my wife's name. And we don't share last names, either. Should I change the ownership from her name to mine, to be safe? I'd appreciate some direction on how to think this issue through.
 

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If a LEO makes a stink about having your wifes handgun then he must have it in for you. I would just tell him there is no hers and mine it's all ours. If he persisted then I would ask to talk to the chief.
 

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Chances are the LEO will not run the gun anyway but if you get checked with it there should be no problem. Nothing says a gun registered to one person cannot be in the possession of another unless that person is NOT allowed to be in possession of a firearm. The only real reasons to run a gun is to check for stolen or to determine who it belongs to if it is recovered. I would say leave it registered to her or have it changed if you would like. Legally you don't have to though.
 

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QD ... While there are some states that actually require you to register the particular firearm(s) that you are carrying, the vast majority of states are only concerned that you are carrying the gun according to the applicable laws. While I don't believe Florida law is concerned about you carrying your wife's gun, I would suggest that you contact your county sheriff's department for clarification or pose your question on FloridaConcealedCarry.com , as they are more familiar with your state laws. I'd be interested to know what you find out :)
 

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I believe the law doesn't care if it's your gun or not, as long as it's not stolen. The permit is for carrying a concealed weapon, it doesn't say whose.

The only reason F.H.P., the Sheriff, or anyone else should be running the number on the weapon you have is if an incident just occured.
 

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Here in Georgia, we do not register guns. If you have your carry permit, it does not matter. Just a thought, unless you are carrying the same model of your own, why would you want to carry someone else's gun? This with the understanding my wife, my son and I are all proficient with all of the guns "owned" by the 3 of us.
 

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I didn't think even the ATF keeps a record of every new firearm you purchase in their database. According to law, they are not allowed to keep you in their database for very long.
 

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I don't think it would be a problem as long as the gun is not reported stolen. I inherited my CC piece when my wife passed away in 2008 and though I have had to show it and my permit on a couple occasions, the LEO never asked about the weapon or ownership. Besides, if you were to purchase a gun from a private seller rather than a retailer, there is no form 4473.
 

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She gave it to you as a gift. Simple as that.
 

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Discussion Starter · #11 ·
She gave it to you as a gift. Simple as that.
And this should be as simple as her giving me a paper receipt saying "I <wife's name> give this gun <brand/model> <serial#> to Mr Daemon", which I would keep with the other gun paperwork, then?


Thanks for all the replies! I'm a relatively new handgun owner, less than a year, and would really like to be seen as a responsible and law abiding owner. I'm likely just being over-worried about staying within the bounds of the law. It's just that there are so many laws, and the letter and spirit of the law can change on just crossing a street, I just don't want to be tripped up on yet one other possible point of legal concealed gun possession that depends on interpretation. Especially if the interpreter has an even bigger gun.
 

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And this should be as simple as her giving me a paper receipt saying "I <wife's name> give this gun <brand/model> <serial#> to Mr Daemon", which I would keep with the other gun paperwork, then?


Thanks for all the replies! I'm a relatively new handgun owner, less than a year, and would really like to be seen as a responsible and law abiding owner. I'm likely just being over-worried about staying within the bounds of the law. It's just that there are so many laws, and the letter and spirit of the law can change on just crossing a street, I just don't want to be tripped up on yet one other possible point of legal concealed gun possession that depends on interpretation. Especially if the interpreter has an even bigger gun.
No receipt necessary. There will be no reason to question you unless the gun is registered as stolen. Don't worry about it, you will be fine!
 

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I would think that owning a gun, and carrying a gun are separate items.

Now I wouldn't want to carry a gun that I wasn't fully familiar with and practiced with, but that's not your situation. I just wouldn't go 'borrow' a gun from a friend or family and carry it if I haven't shot it myself.

In Virginia, face to face gun sales with no paperwork is legal (with a few lines of fine print of course) so a lot of guns out there that are legally owned, but the gov has no record of it being yours.
 

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...which I would keep with the other gun paperwork..
What paperwork? Many of my guns were my dad's or granddad's. The only documentation I have are the operator's manuals I downloaded from the internet. No receipts, no registration (in Texas) - I don't have to prove they're mine, the authorities have to prove they aren't.
 

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And this should be as simple as her giving me a paper receipt saying "I <wife's name> give this gun <brand/model> <serial#> to Mr Daemon", which I would keep with the other gun paperwork, then?
It's not necessary, but I would certainly do it if it makes you feel more comfortable. It certainly won't hurt anything.
 

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As long as the gun is legally owned there should be no problem. The furthest is should go would be to ask the (owner in writing) if permission of possession was given.
 

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But if for some reason, even with my CHL with me, LE decides to make a stink if I'm caught carrying, the LCP is in my wife's name.
LE cant "run" your serial number to see who it belongs to. The only one who could do that is the shop you bought it from, as they are the ones with the 4473, which they are required to keep for 20 years. If they go out of business they give the forms to the ATF, but even they cannot make any kind of database to they could search to see who has what gun. The only way LE could come up with your serial number in a search is if you reported it stolen and gave them the serial number, otherwise, they don't have it.
 

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A bigger question to ask is what if you actually needed to fire a gun in SD that is not registered in your name. What then?

I hear a lot about guys buying guns for their girlfriends, people who are not married. What if the GF does something stupid or unjustifiable with that gun? Can the BF get in trouble?
 

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There is no national data base or gun registration system. The form that you filled out at your dealers stays there as part of his permanent records. Here in Florida as in most other states, you have absolutely nothing to be concerned about as long as the gun wasn't stolen and you are legally able to own a firearm. It is legal to transfer (sell or gift) to another resident of your state without any federal paperwork if he/she is legally able to own said firearm. You may want a bill of sale for your own records.
If a LEO should run the serial number of any gun, it does not provide him with an owners name. The check only tells him if the gun has been reported stolen.
 

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A bigger question to ask is what if you actually needed to fire a gun in SD that is not registered in your name. What then?

I hear a lot about guys buying guns for their girlfriends, people who are not married. What if the GF does something stupid or unjustifiable with that gun? Can the BF get in trouble?
What then is nothing. why would you think there would be a problem?
If the BF didn't do it, he has nothing to fear.
Say you buy your GF a gun, and then years later the GF shoots someone out of jealousy,
if she is caught with the gun, she is the one who committed the crime, LE has no way of knowing you are the one who bought her the gun and no reason to wonder. (not that it would matter if they did, again, you aren't the criminal here)
If she does it and doesn't get caught, they have no way of knowing whos guns shot the bullet, they need the gun to compare it to.
If she doesn't get caught but leaves the gun at the scene of the crime LE can have the FBI to trace the gun to its original point of sale, and the gun shop could then tell them you bought the gun, then you tell them you gave it to your GF, and they question her.
Simply having purchased the gun is not enough to convict you of a crime. If for some reason she could not legally own a firearm, you could be in trouble for giving it to her, but not for any crime she committed with it.
 
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