# legal question \[about lending a firearm\]

**URL:** <https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603>\
**Category:** In My Humble Opinion\
**Created:** [May 17, 2013, 4:01pm UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603 "2013-05-17T16:01:18Z")\
**Posts on this page:** 14\
**Page:** 1

<div class="post-metadata">

**Author:** ![klp1959](https://avatars.discourse-cdn.com/v4/letter/k/8e7dd6/32.png) [@klp1959](https://boards.straightdope.com/u/klp1959)\
**Post date:** [May 17, 2013, 4:01pm UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/1 "2013-05-17T16:01:18Z")

</div>

I loaned a firearm to a friend a few months ago, recently i found out that he had pawned it. is there anything i can do to get it back? is this not the same as stealing?

---

<div class="post-metadata">

**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\
**Post date:** [May 17, 2013, 4:10pm UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/2 "2013-05-17T16:10:04Z")

</div>

Contact the pawn shop where he left it, if you know where it is, and talk to the owner/agent.

It is likely the police may deem it a civil matter, such as conversion, but possibly theft, one way to find out.

---

<div class="post-metadata">

**Author:** ![LMarie](https://avatars.discourse-cdn.com/v4/letter/l/c68b51/32.png) [@LMarie](https://boards.straightdope.com/u/LMarie)\
**Post date:** [May 17, 2013, 4:31pm UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/3 "2013-05-17T16:31:57Z")

</div>

I’m no legal expert, so take my opinion with a grain of salt, but I don’t think it can be considered stealing since you gave it to him. Even though his possession of it was meant to be temporary, your consent was given.

---

<div class="post-metadata">

**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\
**Post date:** [May 17, 2013, 4:56pm UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/4 "2013-05-17T16:56:44Z")

</div>

> [@LMarie](#):
>
> I’m no legal expert, so take my opinion with a grain of salt, but I don’t think it can be considered stealing since you gave it to him. Even though his possession of it was meant to be temporary, your consent was given.

You’re right. You’re no legal expert. 🙂

---

<div class="post-metadata">

**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [May 17, 2013, 4:57pm UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/5 "2013-05-17T16:57:28Z")

</div>

> [@LMarie](#):
>
> I’m no legal expert, so take my opinion with a grain of salt, but I don’t think it can be considered stealing since you gave it to him. Even though his possession of it was meant to be temporary, your consent was given.

There are plenty of instances in which a person is given control of property that doesn’t belong to them. When such a person converts that property to their own use, with the intention of permanently depriving the lawful owner of its use, that’s the crime of embezzlement.

---

<div class="post-metadata">

**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [May 17, 2013, 5:02pm UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/6 "2013-05-17T17:02:47Z")

</div>

Legal questions are best suited to IMHO. Thread title edited to indicate subject.

Colibri  
General Questions Moderator

---

<div class="post-metadata">

**Author:** ![Gary\_Robson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gary_robson/32/3448_2.png) [@Gary\_Robson](https://boards.straightdope.com/u/Gary_Robson)\
**Post date:** [May 17, 2013, 5:09pm UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/7 "2013-05-17T17:09:51Z")

</div>

I am neither a lawyer nor a law-enforcement officer, but I would immediately contact the pawn shop owner and tell them it’s stolen property. Perhaps he’ll hold on to it while the problem is being resolved and not sell it to someone else.

---

<div class="post-metadata">

**Author:** ![DCnDC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dcndc/32/2842_2.png) [@DCnDC](https://boards.straightdope.com/u/DCnDC)\
**Post date:** [May 17, 2013, 5:12pm UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/8 "2013-05-17T17:12:59Z")

</div>

> [@LMarie](#):
>
> I’m no legal expert, so take my opinion with a grain of salt, but I don’t think it can be considered stealing since you gave it to him. Even though his possession of it was meant to be temporary, your consent was given.

Hey, uh, can I borrow your car? I’ll bring it right back…

---

<div class="post-metadata">

**Author:** ![JerrySTL](https://avatars.discourse-cdn.com/v4/letter/j/e274bd/32.png) [@JerrySTL](https://boards.straightdope.com/u/JerrySTL)\
**Post date:** [May 17, 2013, 5:35pm UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/9 "2013-05-17T17:35:10Z")

</div>

It’s my considered, but uneducated, legal opinion that you should get a new friend.

---

<div class="post-metadata">

**Author:** ![Chimera](https://avatars.discourse-cdn.com/v4/letter/c/8e8cbc/32.png) [@Chimera](https://boards.straightdope.com/u/Chimera)\
**Post date:** [May 17, 2013, 6:37pm UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/10 "2013-05-17T18:37:01Z")

</div>

> [@klp1959](#):
>
> I loaned a firearm to a friend a few months ago, recently i found out that he had pawned it. is there anything i can do to get it back? is this not the same as stealing?

It is theft. Report it to the police immediately.

Then DTMFA, since he is most assuredly NOT your friend.

---

<div class="post-metadata">

**Author:** ![LMarie](https://avatars.discourse-cdn.com/v4/letter/l/c68b51/32.png) [@LMarie](https://boards.straightdope.com/u/LMarie)\
**Post date:** [May 18, 2013, 12:43am UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/11 "2013-05-18T00:43:14Z")

</div>

> [@friedo](#):
>
> You’re right. You’re no legal expert. 🙂

> [@Bricker](#):
>
> There are plenty of instances in which a person is given control of property that doesn’t belong to them. When such a person converts that property to their own use, with the intention of permanently depriving the lawful owner of its use, that’s the crime of embezzlement.

Yeah, husband just gave me a nice long lecture on conversion, complete with a reading from Black’s Law Dictionary. I officially stand corrected. 🙂

---

<div class="post-metadata">

**Author:** ![jz78817](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jz78817/32/1028_2.png) [@jz78817](https://boards.straightdope.com/u/jz78817)\
**Post date:** [May 18, 2013, 1:06am UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/12 "2013-05-18T01:06:45Z")

</div>

> [@klp1959](#):
>
> I loaned a firearm to a friend a few months ago, recently i found out that he had pawned it. is there anything i can do to get it back? is this not the same as stealing?

if you live in Michigan, and it was a handgun, and he doesn’t have a CPL, then you have committed a felony by loaning it to him.

---

<div class="post-metadata">

**Author:** ![Glazer](https://avatars.discourse-cdn.com/v4/letter/g/a88e57/32.png) [@Glazer](https://boards.straightdope.com/u/Glazer)\
**Post date:** [May 18, 2013, 1:19am UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/13 "2013-05-18T01:19:55Z")

</div>

Too bad you don’t have a gun. You could shoot his ass. Why would you loan a gun except for at the range or on a hunting trip. I don’t see any good coming from loaning a gun. Lucky for you he only stole your gun rather than using it to steal from someone else.

---

<div class="post-metadata">

**Author:** ![jz78817](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jz78817/32/1028_2.png) [@jz78817](https://boards.straightdope.com/u/jz78817)\
**Post date:** [May 18, 2013, 1:23am UTC](https://boards.straightdope.com/t/legal-question-about-lending-a-firearm/658603/14 "2013-05-18T01:23:40Z")

</div>

> [@Glazer](#):
>
> Too bad you don’t have a gun. You could shoot his ass.

yes. this is the most appropriate thing to say.

:rolleyes:
