Average Gun Owner Legal Knowledge Poll

[bearcreek]

So, a few days ago, I was having a conversation with a local FFL about the average gun owners knowledge of firearms laws. I told a story about a friend of mine, a long time, prolific gun owner, who gifted a shotgun to a relative in another state with no FFL involvement and with zero awareness that that was illegal. To my surprise, the FFL with whom I was having this discussion was also unaware that interstate private sales without going through an FFL were illegal, and he went so far as to insist I was wrong and that they were. When I got home later that day I emailed him links to the relevant laws. Haven't heard back from him yet.

All this got me to thinking and wondering how common such ignorance really is amongst the general gun owning populace. So, I asked 7 (so far) gun owners about their knowledge of federal law regarding interstate gun transfers. These gun owners ranged widely in experience level. Only one of the 7 knew the law. I intend to ask more as the opportunity presents itself and I'll update my poll answer as I gather more data. I'll be interested to see what experiences others have had and if they mirror my own. Please exclude yourself from your results.

Apparently the poll question was too long. Hopefully you get the idea.

 

[1942bull]

I picked 25-50%, nutbmy guess is that about 35% is right.

 

[bearcreek]

I picked 25-50%, nutbmy guess is that about 35% is right.

Was that after asking them the question, or are you guessing? I would have guessed much higher than the 14% that i got when I posed the question.

 

[AlexanderA]

Our view may be skewed by frequenting this forum. The people here are far more aware of legalities than the average gun owner.

Ironically, criminals are more aware of the gun laws than law-abiding gun owners.

Then there are otherwise law-abiding gun owners who are aware of the laws, but flout them anyway.

 

[bearcreek]

Our view may be skewed by frequenting this forum. The people here are far more aware of legalities than the average gun owner.

Ironically, criminals are more aware of the gun laws than law-abiding gun owners.

Then there are otherwise law-abiding gun owners who are aware of the laws, but flout them anyway.

Definitely, that's why I asked the participants here to exclude themselves from the poll results.

 

[jmr40]

I'd imagine most people don't realize that gifting a gun to a family member in another state is illegal, nor would they care much if they did. And as long as the person receiving the gun was legally able to own it no one in LE would pursue it. At least not where I live.

 

[LoonWulf]

The "average" gun owner I know has a couple guns, mostly never delt with out of state purchases, and often isn't aware that you can't buy guns on the mainland and bring them back with you, much less have someone give you one......hell, half of them are only aware there's a waiting period for handguns here after they buy the first one and try to walk out with it.

So yeah I went with 5-10% simply because folks have had relatively little reason to learn that.

 

[.455_Hunter]

I would guess that more assume something about "registration" than know the interstate laws.

 

[DeepSouth]

Most people I know have no idea about gun laws or (probably more importantly) self defense laws.

Furthermore, when you inform them, with evidence such as showing them the law, they simply look puzzled say something to the effect of “that’s stupid” and then they completely disregard it. They just don’t care. Most have “been doing it that way” or something and just feel comfortable with it.

The same thing is true with self defense laws, the amount of people I know that claim they would shoot someone for say, stealing their 4 wheeler, is astounding. Then you explain the law and get the same thing, “that’s stupid,” followed by some super macho bad A comment that in reality could easily land them a murder charge.

I know one fellow who bought a nice S&W 357 and got a cop friend of his to check if it was stolen, he was then told to get rid of the gun. I managed to talk him out of going to a swap meet in another state and selling to an individual, to my knowledge he still has the gun. He does still go to the out of state swap meet every year and buy a gun or two (among other things) from individuals.

 

[Riomouse911]

I can’t recall ever polling my gun-owning peers and friends on the subject, so I really can’t give an honest answer.
If I were to render an opinion, I’ll guess less than 5%.

Stay safe.

 

[The Night Rider]

You needed an option for 0 to 5

 

[Mal H]

Since the question includes only gun owners I know, I chose 50% - 75 % (the poll needed a 75% - 100% choice). Since almost all gun owners I know are members here at THR or at TFL, and the ones who aren't are well versed in the law, that was the only choice for me.

Now, if the question is how many gun owners in America know the interstate transfer laws, my choice would be 5% - 10%, and that may be too high a guess.

 

[Reloadron]

Actually while state and local laws may apply from our friends at ATF.
"A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent".

So 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. I leave a rifle to my brother in Michigan in my last will and testament. I have a massive coronary and am now as dead as dead gets. My brother, a resident of Michigan can drive down and get what is now his rifle. Neither instance requires a FFL transfer and NICS check. I think once in Michigan under state law my brother needs to register certain guns. Anyway this is where state law would figure into things.

During the early and mid 90s my wife and I owned a small brick and mortar gun shop so held a FFL. Every and any change in the law those nice folks at ATF sent us a notification. During those Clinton years they kept changing the 4473 form so as new came in old went in the dumpster in addition to notifications of any changes in federal law.

The average citizen really has no reason to know gun laws unless they plan to transfer a gun or have a reason to know federal or state law.


Ron

<EDIT> Please see later post on this subject as I stand corrected. Not sure about a gun left in a will but I got the rest wrong. Later post clear it up and thanks to Staff Frank. </EDIT>

 

[entropy]

I put 5 to 10%, and that's being generous.

 

[dogtown tom]

Actually while state and local laws may apply from our friends at ATF.
"A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent".

So 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 load it to my brother for an unspecified period of time.

A temporary loan means temporary, not an "unspecified period of time". That "temporary loan" became an illegal interstate transfer the minute you left Michigan and left the firearm in your brothers possession. You committed a violation of federal law as did he.

I leave a rifle to my brother in Michigan in my last will and testament. I have a massive coronary and am now as dead as dead gets. My brother, a resident of Michigan can drive down and get what is now his rifle.

True, as long as the transfer and possession of that firearm is legal in both states.

Neither instance requires a FFL transfer and NICS check.

Wrong.

 

[twarr1]

I didn’t vote because there’s no 0-4% choice.
On the other hand, the number of people who think NCIS is ‘registering’ the firearm is probably over 75%

 

[230RN]

<Terry mutters to self> "Gee, all that sounds like an abridgment of a right. No, wait...'abridgment' was in the First Amendment. What's the word I'm looking for....?"<Terry clicks out and goes back to checking the weather>

Terry, 230RN

 

[Steve S.]

I once got in trouble here for suggesting that if you do not announce your intentions to the world, the world will not know nor care; so, I will not do that again.

 

[bearcreek]

I once got in trouble here for suggesting that if you do not announce your intentions to the world, the world will not know nor care; so, I will not do that again.

The poll says nothing about intentions, or actions, only knowledge. Can't imagine you're suggesting a person should remain ignorant of the law?

 

[Frank Ettin]

I once got in trouble here for suggesting that if you do not announce your intentions to the world, the world will not know nor care; so, I will not do that again.

The notion that, "if you do not announce your intentions to the world, the world will not know nor care" is nonsense. In real life in the real world, prosecutors regularly prove intent to the satisfaction of juries using circumstantial evidence.

 

[1942bull]

I picked 25-50%, nutbmy guess is that about 35% is right.

It was based upon an estimate based upon gun owners I am acquainted with, as the question specified. Most gun owners I know are sportsmen who seem unconcerned with self defense. Of those I am acquainted with those who have gun for SD primarily seem reasonably aware of federal law, but ,oddly, they seem to little to nothing about state law.

 

[bearcreek]

Wanted to clarify that I was looking for real data, not guesses. I set it up so that you could change your vote as you gathered more data, i.e. actually ask the gun owners that you know.

 

[bearcreek]

Since the question includes only gun owners I know, I chose 50% - 75 % (the poll needed a 75% - 100% choice). Since almost all gun owners I know are members here at THR or at TFL, and the ones who aren't are well versed in the law, that was the only choice for me.

Now, if the question is how many gun owners in America know the interstate transfer laws, my choice would be 5% - 10%, and that may be too high a guess.

I should have said for people to exclude all members of THR from the poll, rather than just themselves, since the members here almost certainly do not represent the average gun owner.

 

[Frank Ettin]

....gifting a gun to a family member in another state is illegal,...

That is not true. It's perfectly legal to give a gun as a gift someone who lives in another State, whether a relative or not, as long as:

1. The person giving the gift has no reason to believe that the recipient is prohibited from possessing the gun; and
   
   
2. The transfer is done through an FFL in compliance with federal and state law.

 

[Reloadron]

A temporary loan means temporary, not an "unspecified period of time". That "temporary loan" became an illegal interstate transfer the minute you left Michigan and left the firearm in your brothers possession. You committed a violation of federal law as did he.

I don't disagree but where do I find that? I do not see where the BATFE defines loan period or what constitutes a lease. So if I leave Michigan I am in violation I have to remain in Michigan with the rifle I loan to my brother? I can appreciate you are an FFL holder and granted my FFL days ended before 2000 but I would like to read more on the dubject of how when I leave Michigan I am in violation of the law.

Thank You
Ron