loaning a gun, carrying a gun in a hotel... more gun law questions

[Joeg52]

Originally Posted by cz_40p

§ 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).


Have your friend get a LTCF and you and he will be legal.

Hey I just realized something, does this exception mean I can "give" a firearm to a friend legally if they have a LTCF ? Now that would be and interesting exception!

Any legal experts answer that question?

[jtkratzer]

Originally Posted by Joeg52

Any legal experts answer that question?

No, firearms can only be gifted and inherited from family members.

[Steve in PA]

"Gifted" is different than "lending" a firearm.

[TwistedCopper]

SO... in PA, if John wants to loan Bill a pistol, and Bill has a PA LTCF, then it is perfectly legal and there is no restriction on the time period of the loan. If Bill does not have a LTCF, then Bill is SOL and needs to go buy his own pistol.

Correct?

If I were John, before loaning anything I'd write up a little something with dates, serial #'s and signatures on it to cover my arse - and notate on it the # of his LTCF. I don't care how good of a friend he is... C Y A !!!

[dgg9]

Originally Posted by TwistedCopper

SO... in PA, if John wants to loan Bill a pistol, and Bill has a PA LTCF, then it is perfectly legal and there is no restriction on the time period of the loan.

So my question is: must that be a PA CCW? ...what about someone with a CCW from a reciprocity state?

[JustinM]

Originally Posted by Nate

Two gun law questions...

#1 I am considering loaning my 22 to a buddy for self defense in his home as he cannot afford one. Now I don't think he'll do anything dumb but would I be liable for anything he does because it's my firearm? He's not a felon and has done nothing that would prevent him from buying one himself.

#2 I am traveling to OH for the next week. In my hotel room or my buddy's house can I legally carry like I can in my home? Also a side question, could I CC in my apartment without a ccw? Do the laws refer to your residence or actual property. Because I don't own my apartment, but it is my residence.

1. You're giving him a Walther P22 for self defense. Not the best choice.

2. If you're carrying concealed,I don't know how the hotel (or anybody) would find out about the gun.

[Steve in PA]

There is no time limit on the "lending" part. I posted the law previously so you can read it for yourself. Its kind of a loophole that I'm surpised hasn't been addressed yet.

[Joeg52]

The law does use the word "give". I'm not arguing, just trying to understand why it wouldn't be legal the way this is worded. This sounds like you can give a "firearm" to anyone with a license to carry.


§ 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).

[TwistedCopper]

Originally Posted by Joeg52

The law does use the word "give". I'm not arguing, just trying to understand why it wouldn't be legal the way this is worded. This sounds like you can give a "firearm" to anyone with a license to carry.


§ 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).

I have a LTCF... anybody want to give me your guns?

(holding breath)

[Steve in PA]

Thats why I said I'm suprised that law, primarily the wording, hasn't been addressed.

Actually, they'd either have to get rid of the law or define a term length for lending or giving a firearm.

As the law is written now, you could give or lend a firearm to someone for 1, 5...10 years. Of course, giving or lending implies no money changing hands too.