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So when the significant other unwraps her birthday present she will find a "woman's" designed shotgun to replace the various borrowed ones she has shot for the past year or so. Because women have disproportionate necks and arms and walk funny they are supposed to shoot (shotguns) better if the guns are designed to accommodate those idiosyncrasies.

But just telling her to pick a different pony out of the corral isn't the same as giving her a gun "to have and to hold, 'til death do we part" as Charles Heston more-or-less once said. I was thinking of having a FFL transfer of the gun and wondered about the 7 day waiting period for her. Who would hold the gun during that time? The FFL? Me?

It turns out, I think, that no background check is required if a gun is given away, according to what I can find on the InterGoogle. US Lawshield and other non-definitive sources all say: "It is important to note that § 30-7-7.1 is also silent when firearms are transferred without "consideration," or in other words, are given away, gifted, or through a trust." when referring to the New Mexico law.

"Silent" is a legal term in contract language and criminal law saying if essentially "if it ain't in there then it is not in there" so my interpretation is no FFL transfer is required by State Law 30-7-7.1, as the most I expect in "consideration" is a kiss on the cheek. She has "passed" a background check in the last year so the federal requirement of not knowingly transferring a gun to a "prohibited person" is not an issue.

I'll do a little more homework, as occasionally I find something on the internet that is not accurate, but would appreciate any Legal Eagles' input!
 
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Do firearms in NM need to be registered to each individual and no one else can possess said weapon unless a transfer and registration is conducted?
There's no registration. But the law is fuzzy to me on "possession" to the point I've not been sure if loaning (as opposed to "gifting") you a gun to hunt with violates the law so I'm liking what I read here.
 
Just checked NM gun laws and it appears to be like AZ, no registration. Which means individuals can buy, sell, trade, gift, etc. with other individuals without any paperwork and/or background checks at all.
New Mexico requires a FFL background check to sell a gun but doesn't have any tracking mechanisms in place. Exceptions also include gifts to specific family members. In theory if I sell one of my gun while visiting a "free state" New Mexico still requires me to have a background check run, but of course they have no jurisdiction. In my reading of the law it's not clear if that only applies when physically selling a gun in New Mexico to a Free State resident (I'm liking the historical significance of that term) or if the State is trying to regulate its residents in other jurisdictions.
 
No registration = no legal attachment to any one individual. Do what you want with your guns.

The only things you can't loan are NFA items.
It's easy for the Governor's Flying Monkeys to determine first-time ownership of a new gun, and not impossible to match up one purchased from a dealer. Trying to beat the system runs the risk of a criminal conviction and loss of gun ownership rights. While the Sheriffs in all but two of New Mexico's 33 counties have pledged not to enforce this questionably constitutional law it is still the law. And since similar requirements have held up in other states I thinking it is enforceable
 
Looking into it further, NM and AZ differ on the NM law that ALL firearm transfers must go through an FFL with a NICS check performed.

This still does not affect loaning a gun to someone, as there is no sale or transfer of ownership occuring.
Yup, our cross to bear since July 1 of 2019. That's why I like that potential exception on gifting a gun versus selling one for "consideration" as a loan is a temporary gift, or could become a gift if circumstances require.

The latest insult to personal responsibility is the 7-day waiting period. Because the gun has to be transferred at the FFL's location it has essentially ended gun shows in New Mexico. The Governor de Jour had already shut down our state fairgrounds, the historical venue, to gun show, though the facilities are open for Pride Month celebrations and recreational marijuana exhibits. There's a joke there somewhere if someone cares to put together a punchline, but mostly the joke is on our voters for continuing to elect leftists.
 
Without a registration/database for a police officer to run a check against, there is now way to tell who owns a weapon without contacting the manufacture, who then provides the distributor whom which they sold it to. And then after contacting the distributer, they would need to provide the dealing they transferred it to. Then police would need to contact that dealer and ask for the name of the individual who purchased the gun from them. Then they would have to go see that person and go from there.

I seriously doubt they would go through all that, unless the gun was involved in an unsolved homicide.
 
Without a registration/database for a police officer to run a check against, there is now way to tell who owns a weapon without contacting the manufacture, who then provides the distributor whom which they sold it to. And then after contacting the distributer, they would need to provide the dealing they transferred it to. Then police would need to contact that dealer and ask for the name of the individual who purchased the gun from them. Then they would have to go see that person and go from there.
Yup. It's easy to track the first owner. And not too difficult to track the next few just by asking, or getting lucky. I'm careful to run anything I sell through the books as much as I dislike it. The girlfriend's revolver went through a two-step resale process after I bought it for her, as she wanted to make sure there was no ownership question if she ever needed it in a self defense situation. The shotgun that started this thread may, too, if she is nervous about potential legal issues.
 
No registration = no legal attachment to any one individual. Do what you want with your guns.

The only things you can't loan are NFA items.
While you can't loan NFA items, You can register them via trusts. Once a trust is set up you only need a notary to add someone to that trust.
This works best per NFA Item. If you have a multiple item trust, each person added needs to be vetted.

Why do a single item trust? When you die, the ATF owns your NFA item unless other people have legal access.... Any questions?
 
@Whisky Tahoe All of my NFA items are registered to a trust and there is a successor trustee listed to take over when I can no longer run it.
Well done sir. While the ATF is clearing individuals faster than trusts at the moment, they should start batching very soon where all items pending will get approved instead of long wait each item. Can't imagine letting a NFA item get "repossessed" by the ATF.
 
Why do a single item trust? When you die, the ATF owns your NFA item unless other people have legal access.... Any questions?
The new single item trusts that gun stores and can manufactures offer can have a master trust as a beneficiary. That way you can have a bunch of trusts, where you are the sole trustee and can add other trustees for that one item at will. While it may help as evidence of your intent, in Arizona you don't need a Notary to witness your signature on a modification unless the terns of the trust call for it.

So, you could have a single item trust and add your someone as a trustee, at some point later, assuming they can legally have the item. If you die, the item goes to the beneficiary which is your master trust. You do have to think this through so that you have successor trustees on the master trust, or the entire thing could be questioned.

A success trustee does not have to be added as a responsible party unless the trust gives successor trustees access to trust property before the trustee is dead or incapacitated. A reasonable estate planning attorney can help with this without them having to be real 2A or NFA savvy.
 
No registration = no way for a law enforcement officer to verify who purchased the firearm and loaning a gun to someone does not constitute a straw purchase.
Don't think for a moment that there's no record, especially if you went through a background check when you bought. Based on what I was told by an FFL, the BATF reports them to the FBI, which certainly files them away forever. And loaning is different from giving up title by gifting.
 
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