In discussions with attorneys and GOAL staff, this mandate appears to create a problem with ownership rights.

For example: If you were to report such a loan to the state and the person you loaned it to becomes the subject of a restraining order, or other situation that requires them to surrender their firearms, the loaner may no longer maintain property rights according to the state. This would make it very difficult for the loaner to reacquire the firearm(s) in question.

By reporting the transfer (loan), law enforcement, prosecutors, and the courts could likely consider the firearm to no longer be your property. Essentially you may have surrendered all rights to the firearm, including its value. This could be further exacerbated if you have used up the four personal transfers allowed per calendar year.

The only potential solution would be if both parties had a written contract outlining the loan of the firearm and the expectations of the loan. Of course this may not matter if the firearm was seized as a result of a crime and became evidence.

M.G.L. C.140 section 121B(b)

All firearm transactions within the commonwealth, including, but not limited to, all purchases, sales, rentals, leases, loans or other transfers shall be reported to the electronic firearms registration system. All firearm transactions shall be reported by all parties to the transaction via the electronic firearms registration system within 7 days of the sale, rental, lease, loan or other transfer; provided, however, that no report shall be required for a loan of a firearm to a duly licensed or exempted person for a period of less than 7 days.