Loaning a firearm illegal???

[PA_SIGpacker]

Anybody familiar with this statute?

§ 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.


It goes on to provide some exceptions, including if you have a LTCF. But I am curious about what this means. The way I read it (and I hope I am wrong) is that I cannot legally loan a firearm to someone unless they have a LTCF (or meet one of the other exception criteria). I know we've had some discussions about this before and the general concensus was that you can carry anybody's gun if you have a LTCF, which makes sense. But what if someone doesn't have a LTCF and wants to borrow someone else's gun to keep in the house, not carry it? The above statute implies this to be illegal, which makes no sense to me. Maybe I am reading it wrong.

Your thoughts?

[dgg9]

One of our attorney members has weighed in on exactly that issue:

http://www.pafoa.org/forum/pennsylva...ownership.html

[XD45]

I believe this only applies to handguns, and class III weapons(althought those can never be loaned), as they are "firearms" a rifle is not a firearm in PA. so i assume you can load thoughs?!

I would not lend someone a firearm, or even shotgun for self defense personally. I would give a buddy a rifle if he was going hunting and needed a caliber he didnt have. otherwise they can go to the range with me, no need for me to not be there as i'm always willing to go shooting. and you can get a defense shotgun for $300 new, theres no reason, lend them the money if you feel they need it so bad.....

[knight0334]

Read the thread at the above provided link.


It could be construed as the keeping of that firearm in their home as being a transfer. ...and if that transfer of that firearm wasn't done properly, well the original owner might be in a little trouble.

[PA_SIGpacker]

Well that makes more sense now. Not that I am intending to loan a gun to anyone, but I can see how a person may wish to allow a relative, perhaps, to borrow a gun. Make sense? Clearly, the legal definition of a firearm is key here, which I didn't account for.

[knight0334]

Just gotta remember that in PA a firearm is a pistol or revolver with a barrel less than 15", a shotgun with a barrel less than 18", a rifle with a barrel less than 16", or a shotgun or rifle with an overall length less than 26".

Regular long guns like rifles and shotguns are considered firearms for only a couple small passages of law. For just about everything else, only the stuff listed in the top of this reply matters.

[Shawn.L]

A cop friend of mine told me it was fine for me to borrow his handguns (I was taking them to the range).

[WhiteFeather]

It’s a real legal problem in PA. What people don't know about the firearm laws can make you have a real expensive day If your caught violating one of them.

Any youth day event that lets any youths shoots pistol – violation.

At the range and let some stranger bang a few rounds off (if they don’t have LTCF permit) – violation.

Even letting under age family members, friends, relatives borrow a firearm without a LTCF – COULD BE IN SOME CASES be a violation.

I have broken it, we have all probably broken it one time or another.

It’s another law that is being attempted to be correct in this legislative session.

[Steve in PA]

You need to get your facts straight'

Letting a minor shoot a pistol at the range is NOT illegal.

§ 6110.1. Possession of firearm by minor.
(a) Firearm.--Except as provided in subsection (b), a person
under 18 years of age shall not possess or transport a firearm
anywhere in this Commonwealth.
(b) Exception.--Subsection (a) shall not apply to a person
under 18 years of age:
(1) who is under the supervision of a parent,
grandparent, legal guardian or an adult acting with the
expressed consent of the minor's custodial parent or legal
guardian and the minor is engaged in lawful activity,
including safety training, lawful target shooting, engaging
in an organized competition involving the use of a firearm or
the firearm is unloaded and the minor is transporting it for
a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance
with 34 Pa.C.S. (relating to game).
(c) Responsibility of adult.--Any person who knowingly and
intentionally delivers or provides to the minor a firearm in
violation of subsection (a) commits a felony of the third
degree.
(d) Forfeiture.--Any firearm in the possession of a person
under 18 years of age in violation of this section shall be
promptly seized by the arresting law enforcement officer and
upon conviction or adjudication of delinquency shall be
forfeited or, if stolen, returned to the lawful owner.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66, eff. imd.)

Also, letting someone bang off a few rounds is NOT "lending" the person a firearm.

This is the complete section on "lending" a firearm and all that is legally allowed;

§ 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 of a
responsible individual who:
(I) is 21 years of age or older; and
(II) is not prohibited from owning or
possessing a firearm under 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.C.S. Ch. 21
(relating to intestate 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.
(4) Nothing in this section shall prohibit the
relinquishment of firearms to a third party in accordance
with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third
party for safekeeping).
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

[Steve in PA]

In addition, a person does NOT need a LTC to shoot a handgun at the range. So letting someone bang a few rounds is perfectly legal, as long as they are not a person who would not be allowed to be around a firearm, ie a felon.

A person does NOT need a LTC to transport a handgun to or from the range.