Carry Gun Ownership

[phillyd2]

One must "own" their carry gun?

Scenario: unmarried couple living together both own various guns. He would like to carry one of her pistols that she purchased. What's the legal deal here?

[GunLawyer001]

Originally Posted by phillyd2

One must "own" their carry gun?

Scenario: unmarried couple living together both own various guns. He would like to carry one of her pistols that she purchased. What's the legal deal here?

Usually, that would be an unlawful transfer, except that you can loan a gun to a PA resident who has a currently valid LTCF (Section 6115(b)(1)(i)). Otherwise, the only FFL-free firearm transfers are between lawful spouses, parents & children, or grandparents & grandchildren.

[dgg9]

Originally Posted by GunLawyer001

Usually, that would be an unlawful transfer,

What about a loaner that (I would think) doesn't imply transfer of possession?

E.g., a friend of mine from NH with his state's CCW (NH and PA have reciprocity) visits yearly, and I like to let him borrow a G19 for the duration. But, he's never not in my presence during that time (when he's CCWing).

[XD45]

i have asked this question twice both times i was told the gun does not have to be in yor name, once was an officer at the range and once was my stepfather who.s an officer... that being said ive never read it on a PA law book so I cant give you a definite answer..

[GunLawyer001]

Originally Posted by dgg9

What about a loaner that (I would think) doesn't imply transfer of possession?

E.g., a friend of mine from NH with his state's CCW (NH and PA have reciprocity) visits yearly, and I like to let him borrow a G19 for the duration. But, he's never not in my presence during that time (when he's CCWing).

That's a fact question for the cops, the DA, and maybe for a jury if it gets that far. The issue is whether the firearm ever left your custody and control. At the target range, in his hands with you 2 feet away, probably OK. With the two of you at dinner, he goes to the men's room with it in a holster in the small of his back, could be a problem.

[dgg9]

Originally Posted by GunLawyer001

That's a fact question for the cops, the DA, and maybe for a jury if it gets that far. The issue is whether the firearm ever left your custody and control. At the target range, in his hands with you 2 feet away, probably OK. With the two of you at dinner, he goes to the men's room with it in a holster in the small of his back, could be a problem.

I sure hope this doesn't mean I have to join him in the bathroom!

[phillyd2]

Originally Posted by GunLawyer001

That's a fact question for the cops, the DA, and maybe for a jury if it gets that far. The issue is whether the firearm ever left your custody and control. At the target range, in his hands with you 2 feet away, probably OK. With the two of you at dinner, he goes to the men's room with it in a holster in the small of his back, could be a problem.

So loaning is only ok if you are close to the loaner?

[GunLawyer001]

Originally Posted by phillyd2

So loaning is only ok if you are close to the loaner?

No, loaning a handgun to an out-of-state friend who is visiting is forbidden, so to avoid the "transfer" type of loan, you have to maintain total custody and control of any firearm that you let him use. He can try out your handgun at the range, but he can't walk off with it.

Loaning a firearm to a PA resident who has a PA LTCF is permissible under the statute. "Giving" a firearm to the same person requires the use of an FFL and PICs, unless the recipient is your parent, child, grandparent, grandchild, or spouse.

[Steve in PA]

You don't have to "own" the handgun to carry it, but you must be have it legally.

My wife can legally carry any of my handguns.

You can lend someone a handgun, however they must possess a CCW.

[phillyd2]

Thanks guys. Now, how the hell do I break it to Lynn that I will be borrowing her S & W 638 Airweight for the summer