Idea from Feds: Gun Leasing!

[Mikul]

I was thinking about the ruling that decided that holding on to InstaCheck information for 6 months doesn't constitute "keeping" the information, and found a way to use it in our favor: Gun Leasing!!!

Since the InstaCheck only needs to be done for gun purchases, what if we actually leased guns from the FFL? The ownership of the gun remains with the FFL. This is just like a car lease. The lessor (usually a bank) actually owns the car, and you pay a usage fee. You don't own it because you have to give it back eventually... say in six months, at which time you can renew the lease.

This certainly sounds like circumventing the law, but then again if they can claim "auditing purposes," we can claim our guns are "leased."

 

[bookkie]

I like it, but I'll bet that if it is not already illegal... within a short period of time it would be.



------------------
Richard

The debate is not about guns,
but rather who has the ultimate power to rule,
the People or Government.
RKBA!

 

[ernest2]

What you have forgotten about your lease idea is that the ffl is ultimately "responsible" for leasing you the gun and therefore responsible for any unlawfull use that you might make of the gun.

Sounds like a good way for gun shops to end up getting sued.

 

[Mikul]

I was thinking about that. The question is: is there precendence for that?

I've certainly never heard of anything regarding automobiles that implicated a bank for leasing a car to a drunk, and that is easier to prove than criminal intent with a firearm. Automobile leases are full of disclaimers which limit the use of the vehicle. Any violation of those terms is a violation of that lease. Use of the car in a crime is certainly one of them.

I can't imagine an FFL wanting to chance liability like this considering the political climate, but I don't see a reason why one couldn't. It is still an interesting idea.

The best solution would be if the Lessor were a foreign corporation buying the firearms legally through an agent, and leasing the guns to US citizens. That way, even if one was used illegally, there is nothing to go after.

I have heard of people using trusts for financial protection. I wonder if one could be used to help liberate firearm transfers.

 

[westex]

Mikul - Put me down for a couple of MP5s and three Uzis. Check's in the mail.

RKBA!

 

[ellsworthtoohey]

How can you circumvent a law that doesn't exist?

I think that the insurer assumes the liability for the leased vehicle. Good luck getting an insurance company to write these kinds of policies and goog luck in getting a charter in any state to create such a company.

 

[TAZ]

The key word is TRANSFER. Whether you are buying a gun or not, it is still being transferred from one entity to another. If I remember correctly the 4473 form is written with the transferer and transferee format rather than the buyer and seller stuff.