Results 1 to 13 of 13

Thread: Loaning a weapon

  1. #1
    Regular Member
    Join Date
    Jun 2006
    Location
    Levittown, Pennsylvania, USA
    Posts
    86

    Post imported post

    I have a friend that is fully licensed to own and carry a firearm but is still looking for his first one. Is it legal to loan him a personal handgun of my own until he is able to purchase his own? I am trying to get him onto the OC side of life but I wanted to check first so I don't get trampled for it.

  2. #2
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    Bolt06 wrote:
    I have a friend that is fully licensed to own . . . a firearm
    There is no "license to own" a gun in PA.

    See below, appearing at http://www.acslpa.org/pa_uniform_firearms_act.htm:

    §6115. Loans on, or Lending or Giving Firearms Prohibited.]

    (a) Offense defined.—No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor, except as pro­vided in subsection (b), shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter.]

    (b) Exception.—]

    (1) Subsection (a) shall not apply if any of the following apply:]

    (i) The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).]

    (ii) The person who receives the firearm is exempt from licensing.]

    (iii) The person who receives the firearm is engaged in a hunter safety program certified by the Pennsylvania Game Commission or a firearm training program or competition sanctioned or approved by the National Rifle Association

    (iv) The person who receives the firearm meets all of the following]

    (A) Is under 18 years of age.]

    (B) Pursuant to section 6110.1 (relating to possession of firearm by minor) is under the supervision, guidance and instruc­tion (if a responsible individual who.]

    (I) is ‘21 years of age or older; and]

    (II) is not prohibited from owning or possessing a firearm tinder section 6105 (relating to persons not to possess, use, man­ufacture, control, sell or transfer firearms)]

    (v) The person who receives the firearm is lawfully hunting or trapping and is in compliance with the provisions of Title 34 (relating to game)]

    (vi) A bank or other chartered lending institution is able to adequately secure firearms in its possession.]

    (2) Nothing in this section shall be construed to prohibit the transfer of a firearm under 20 Pa CS. Ch. 21 (relating to inter­state succession) or by bequest if the individual receiving the firearm is not precluded from owning or possessing a firearm under section 6105]

    (3) Nothing in this section shall be construed to prohibit the loaning or giving of a firearm to another in one’s dwelling or place of business if the firearm is retained within the dwelling or place of business.]

  3. #3
    Regular Member
    Join Date
    Jun 2006
    Location
    Levittown, Pennsylvania, USA
    Posts
    86

    Post imported post

    thank you.. I did miss type "licensed to own" part,i meant that he has a CCWlicense and haspassed the background checks. and thanksso much for the info. itwas most helpful.

  4. #4
    Regular Member
    Join Date
    Nov 2006
    Location
    , ,
    Posts
    86

    Post imported post

    Remember, there is no legal definition of "loan" stating a length of time.



    I got that from Steve in PA. Not an exact quote of course.

  5. #5
    Regular Member
    Join Date
    Nov 2006
    Location
    Somewhere in PA
    Posts
    159

    Post imported post

    DJ TURNz wrote:
    Remember, there is no legal definition of "loan" stating a length of time.



    I got that from Steve in PA. Not an exact quote of course.
    Close enough. But correct, as there is nothing that says how long it can be loaned. A day, week, month, year?????

  6. #6
    Regular Member
    Join Date
    Jun 2006
    Location
    Levittown, Pennsylvania, USA
    Posts
    86

    Post imported post

    Steve in PAwrote
    A day, week, month, year?????
    I loan it for about two months at a time.. I get it back to go shooting at the range.

    Parts of this bulletin board may not function unless you enable JavaScript (also called Active Scripting) in your browser.

  7. #7
    Regular Member
    Join Date
    Jan 2007
    Location
    America, ,
    Posts
    91

    Post imported post

    How about a husband/wife buying a firearm for there spouse?

  8. #8
    Regular Member
    Join Date
    Nov 2006
    Location
    Somewhere in PA
    Posts
    159

    Post imported post

    Perfectly legal, as long as the other spouse can own/possess a handgun.

    There is no transfer between spouses. My wife (who does have a license to carry) can carry any handgun that I own or bought.

  9. #9
    Founder's Club Member
    Join Date
    Feb 2007
    Location
    No longer in Alexandria, Egypt
    Posts
    2,798

    Post imported post

    Huh? So you can't loan to someone to OC?



  10. #10
    Regular Member
    Join Date
    Nov 2006
    Location
    , ,
    Posts
    86

    Post imported post

    Wouldn't OC fall under (ii) person who is exempt from licensing?

  11. #11
    State Researcher
    Join Date
    May 2007
    Location
    Just a "wannabe" in Mtn. Top, Pennsylvania, USA
    Posts
    1,441

    Post imported post

    DJ TURNz wrote:
    Wouldn't OC fall under (ii) person who is exempt from licensing?
    No. Exemptions for licensing are clearly defined in pragraph (b) of 18PACS6106

    To loan, one must be meet the exemptions under 6115. One of which is licensed or exempt from licensure.

  12. #12
    Regular Member
    Join Date
    Nov 2006
    Location
    , ,
    Posts
    86

    Post imported post

    Ok so I guess you couldn't loan a gun to someone with out an LTCF so that they could open carry?

  13. #13
    Regular Member
    Join Date
    Sep 2006
    Location
    Cherry Tree (Indiana County), Pennsylvania, USA
    Posts
    1,155

    Post imported post

    Open carry is not mentioned at all in the Uniform Firearms Act, so for the purposes of loaning a firearm it doesn't exist. In short, if you're going to lend a firearm to anyone, they have to have an LTCF. How they decide to carry the firearm is a personal decision, but is totally separate from the lending provisions of the law.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •