loaning a handgun to family

[lumper]

My sister wishes to keep a handgun in her house for self defense. A shotgun will not fit in her safe, so she will not consider that. She does not plan to carry the gun (we are taking baby steps here). She is eligible to possess a firearm under the law. I have several, and I am going to let her shoot some and see which suits her the best, and get her some range time. Is there any reason I cannot loan her a handgun for her to keep at her house within the PA statutes? Thanks,

lumper.

[Pa. Patriot]

Loaning of handguns is generally prohibited by 18Pa.C.S.§6115

But the situation you describe is specifically exempt. per paragraph (b)(3)

(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.

[lumper]

Thanks for the answer Pa. Patriot

[IV_Warrior]

Originally Posted by Pa. Patriot

Loaning of handguns is generally prohibited by 18Pa.C.S.§6115

But the situation you describe is specifically exempt. per paragraph (b)(3)

Does it? The way I read that, he can loan it to someone else IN HIS HOUSE.

(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.

Now, if she has her license to carry, then you're fine.

§ 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).

[Pa. Patriot]

Originally Posted by IV_Warrior

Does it? The way I read that, he can loan it to someone else IN HIS HOUSE.

I was confused by that too. But thinking about it it does not make sense since a "loan" in your own house would not be a transfer of possession. Just like letting someone use your firearm at the range, etc. The only sensible meaning is loan for use in their abode. Coincidently, where one does also not need a LTCF to carry concealed....

But, IANAL and I am not 100% sure either

[IV_Warrior]

Originally Posted by Pa. Patriot

I was confused by that too. But thinking about it it does not make sense since a "loan" in your own house would not be a transfer of possession.

True, but it would cover non family members in a case of friends sharing the same apartment, or employees at a place of business having the firearm when the actual owner isn't there.

Of course, I'm not a lawyer, either. I think I'd want to talk to one to clear the issue if I was the one considering lending a firearm to someone.

[Pa. Patriot]

Originally Posted by IV_Warrior

True, but it would cover non family members in a case of friends sharing the same apartment, or employees at a place of business having the firearm when the actual owner isn't there..

Are not items in your abode "in your possession" whether you are there or not.?

[jud4420]

You would think if was meant to only apply in your home, that they would have stated "your dwelling". If it was meant that you could only loan it in the other persons home, it would say "his dwelling".

The fact that is says "ones dwelling" tells me it covers both places. Read it, and replace "one's" with "your" and again with "his", you'll see what i mean.

Is it not legal to let another inspect your handgun at that persons home same as in your own home? Say you go to your brothers house and you want to show him the new glock (bro has no ltcf). Its fine for him to pick it up because the transaction remains in "ones" home.

I would think it would also be legal to leave it there bases on the same exception, as long as the firearm did not leave that home.