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As a recent newcomer here, after finding an email from a Mr. in the inbox one day,  asking me to write for the site, I thought what the heck. So I wandered over checked it out and thought I would give it a whirl. I accepted Mr. Rodriguez offer and then read through a number of posts and thought: “What the heck? These dudes are way above me? What can I possibly post that would be worth reading here?”

I mean here I am. No longer a youngster who has worked in retail, printing, fiberglass pultrusion composites, then chucking the ‘manufacturing, middle management, back stabbing world. ‘ I became 1st responder and joined a Volunteer Ambulance Squad, then an EMT, found a job, went back to school and became a Paramedic. And after 20 years of working, metro, semi rural and really rural EMS today I teach others how to do what I do. Not exactly where I wanted to end up as I loved working the streets, but one bad lift to many, a couple of serious back injuries and 4 different MDs telling me I needed to find something less harmful to my ruined back.

So I educate now.

I teach mostly law enforcement 1st responder skills. But also higher levels of EMT skills and Advanced Trauma and Cardiac Care.

But what has that to do with guns? Other then I have treated my share of folks with bullet wounds. I have also seen the effects of guns when one turns them on oneself. And I teach Law Enforcement what to do if they or a partner are shot and wounded, self care, how to take care of oneself if they cannot get away or help cannot reach them. Surprisingly many did not, do not consider this.

But back to guns. I was raised in a world, Northern Minnesota where a gun was a tool. Used to put food on the table and take care of vermin. I was taught how to use, shoot, care for and respect guns by a Grandfather whom was demanding, but never saw a gun as anything but a tool. A Korean War vet Father whom grew up hunting to survive during the Depression and WW2, also saw them as a tool, but being a vet, a squad leader whom saw plenty of combat, also knew the destructive power of guns. But he taught me much and when it came to shooting, never saw to many out shoot him. He at 80 plus now goes to the range with his 79 dollar Sears pump action smoothbore 12 gauge, loads it up with slugs he bought who knows where and promptly puts 5 rounds in the 8 inch circle at 100 yards and calls it good. While friends and others with their bolt action Weatherby’s, Remington’s, etc stand there bug eyed.  I can remember when I talked him into putting a scope on his Remington Model 760 Gamemaster in .35 Remington (I want this gun!!) Deer fell whenever he shot and he never shot more then once.

These were the people I learned from. A gun is a tool. Is to be used for hunting and to protect oneself against vermin. 1, 2, 3, or 4 legged kind. Today I have two sons whom both shoot, own their own handguns and shotguns, one hunts, one just loves to shoot. But they also understand a gun is a tool, to be used and respected.

As for the guns? I have no high tech guns. My newest gun is my CW9 Kahr. I own a ‘few’ guns. From mil-surp, Mosin, SKS, to my favorite deer rifle an older then me and that is getting up there, well worn, Marlin 336c in .32 Win. Special. Of course I have a few shotguns and my favorite handgun is a Ruger GP100 .38 spec/.357.

Again these are all tools and they are something I use and shoot as often as I can. I also repair them, most of the time. Would I not like to have an AR platform? Yes! A nice slick shooting bolt action? Of course!

I have my ‘bucket’ list of guns, tools, objects, inanimate in nature. Deadly I will grant you, but only when someone has control and is using this tool. And I like my toolbox, filled with tools that are useful and usable, well except for the damn SKS that won’t currently go BANG when it is supposed to, but guns, like chainsaws, power tools etc need to be taken care of and respected.

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From time to time, individuals inquire as to whether they can lend a firearm to a friend. While state firearms laws vary on this subject (for instance, in Pennsylvania an individual can lend shotguns and rifles but not handguns, unless the person receiving the handgun has a license to carry firearm), Federal law specifically allows one to lend a firearm to another individual, provided the individual is not prohibited.

Pursuant to 18 USC 922(a)(5), it is unlawful for “for any person…to transfer, sell, trade, give, transport, or deliver any firearm to any person…who the transferor knows or has reasonable cause to believe does not reside in…the State in which the transferor resides; exceptthat this paragraph shall not apply to…(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;”

Does Federal Law allow you to lend a firearm to someone?
Does Federal Law allow you to lend a firearm to someone?

However, pursuant to 18 USC 922(d), “It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance…; (4) has been adjudicated as a mental defective or has been committed to any mental institution; (5) who, being an alien— (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa…(6) who has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced his citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child…(9) has been convicted in any court of a misdemeanor crime of domestic violence.”

So, what does all of this mean? Under Federal law, an individual may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he/she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.

So when do you have reasonable cause to believe a person is prohibited? That is always going to depend on the circumstances. For instance, if someone tells you that he/she has been previously denied the purchase of a firearm, you would have reasonable cause to believe the individual is prohibited. If, on the other hand, the person has never made any such statements (and I highly recommend that prior to lending any firearm, you have the individual sign a statement that he/she is not prohibited under state or federal law from possessing a firearm or ammunition) and you haven’t heard “rumors” of him/her having a criminal past or involuntary civil mental health commitments, then you can likely lend your firearm to that individual.

The grey arises, when he/she states that he/she is not prohibited but you have heard “rumors” of his/her criminal past or psychological issues. In this scenario, I always advise a client against lending the firearm, as it is not clear whether you have reasonable cause to believe the individual is prohibited. Clearly, it is not worth the next several years of your life fighting the Government over and the loss of your home to pay the legal bills.

Even if you have no reason to believe the individual is prohibited, you still must determine whether your state permits the lending or renting of firearms. To make this determination, you should consult an attorney that is licensed in your state and familiar with your state’s firearms laws. Once you are satisfied that the individual is not prohibited and your state’s laws allow for the lending of the type of firearm that you intend to lend, you can actually lend your firearm to your friend.

By Joshua Prince, Esq. of the Firearms Industry Consulting Group, a division of Prince Law Offices, P.C. – Nothing in the above article should be construed as legal advice on any state’s laws.

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We are pleased to announce that Knesek Guns is now an official distributor of MOSSBERG products. We are stocking a full inventory of various models which are ready to ship. View our website’s Mossberg section at the following link: http://www.knesekguns.com/commercial/advanced_search_result.php?keywords=mossberg&osCsid=ffb443950f51192190d2031b664730c1&search.x=0&search.y=0

-Larry Knesek

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