Sometimes it's not a matter of not knowing the law. The problem can be that what one "knows" isn't true. For example --
That is not accurate. Let's look at what the statutes actually say (emphasis added):
So there are two legal issues with someone visiting his brother who lives in another State and handing him a gun on loan;
...I am in Ohio and I want to loan or lease a rifle to my brother in Michigan. I drive to Michigan, rifle in tow, and loan it to my brother for an unspecified period of time....
That is not accurate. Let's look at what the statutes actually say (emphasis added):
18 U.S.C. 922. Unlawful acts
(a) It shall be unlawful—
...
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
(A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and
(C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
...
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and....
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
So there are two legal issues with someone visiting his brother who lives in another State and handing him a gun on loan;
- The "loan or rent" exception of 922(a)(5) applies only if the loan or rental is temporary and for a lawful sporting purpose. It's not obvious those criteria are satisfied in this particular case.
- More importantly, the transferee (brother) directly receiving in his State of residence the gun delivered to him by the transferor would be a violation of 922(a)(3). There's no "loan" exception in 922(a)(3) to the requirement that an interstate transfer go through an FFL. (And the transferor violates federal law (18 USC 2) by aiding and abetting the transferee's violation.