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

[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.

[Skuggi]

as to #1 if he's over 18, your just loaning it to him for whatever, if he wants to go to a range for example at least if it's a long gun, not positive on handguns.

as to #2 Ohio Sucks, so to my knowledge no.

[jtkratzer]

You don't have to have a permit to carry on your property. Since Pa is an open carry state (outside of Philly) you can open carry as well.

Your best bet for information is call the Attorney General in whatever state you're traveling to about specifics on the law.

I would do your buddy a favor and tell him to pick up a used shotgun for home defense over a .22 autoloader. You're just giving him a false sense of hope in that little peashooter. Not only does he have to be accurate and know how to defend his house, he has to know how to clear jams and the legal issues around using deadly force. Giving an uneducated person a firearm could leave you liable.

[Steve in PA]

#1) § 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.


#2) You need to check and see what the laws are for Ohio.

#2a) You do not need a CCW to carry in your place of abode (doesn't matter if you own or rent), its where you dwell.

[Nate]

Thanks for that info Steve. As for question 2, do you know what the laws would be if I was in PA?

[LorDiego01]

Outside of any laws...

common sense would dictate you would NOT give a gun registered in your name to somebody else, whatever the reason may be. I can see this playing out in some sort of court, and you paying dearly for it.

If he is a such a good friend, that you would lend him a gun that could potentially make you liable for anything, then why not just lend him the money to buy one for himself? Im sure you can find a gun thats "better than nothing" for below a few hundred bucks.

[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!

[Steve in PA]

My response to #2 was based on you being in PA. I don't know what the laws are for Ohio. Sorry if I confused you, but when I read your posting I was assuming your apartment was in PA.

However, I'm pretty sure the same applies to Ohio, being inside your own house or apartment means you can do what you want. But I'd still double check with the the Ohio AG's Office to see if they have their laws published.

[jkroner659]

Just buy him a used stoeger cougar for real cheap and have him pay you back over 4 months or so...they are cheap and good guns...And I'm pretty sure that Carrying concealed without a license in public places is felony...so make sure you don't forget when you leave the hotel! Steve I'm correct about the felony thing right?

[jtkratzer]

Originally Posted by jkroner659

Just buy him a used stoeger cougar for real cheap and have him pay you back over 4 months or so...they are cheap and good guns...And I'm pretty sure that Carrying concealed without a license in public places is felony...so make sure you don't forget when you leave the hotel! Steve I'm correct about the felony thing right?

Carrying concealed where a permit is required to do so is a felony, you're correct.