Borrow a gun -- legal question?

[jkp1187]

In the Commonwealth of Pa., Is it legal for a person to borrow a gun, transport it to another location within the Commonwealth, use it in a legal manner (for target shooting, or gun training,) then return it without the gun owner being present some or all of the time?

Situation is this: a friend of mine (let's call him Mr. X,) would like to borrow a handgun from a mutual friend (Mr. Y) so that Mr. X can take part in the Fire Institute's handgun clinic on Sunday. Mr. Y is the legal owner of the handgun, and also holds a LTCF in the Commonwealth. Mr. Y does not have a LTCF, but is not barred by Pennsylvania law from owning a gun or obtaining a LTCF.

Mr. Y called his county sheriff's office today and was advised by a deputy that it was illegal for Mr. X to borrow the gun, transport it in a disarmed condition (gun unloaded, ammo separate, locked in the trunk) to the class and back if Mr. Y was not present the entire time.

This doesn't sound right to me. Does anyone know for sure? And by "know for sure," I mean: can you cite to a specific Pennsylvania law or case that addresses this issue? (EDIT: and if there's no law on the books, that's fine too, of course....)

I'm going to see if I can find something myself, but thought I'd ask here first so I don't have to reinvent the wheel in researching.

Thanks in advance.

[KeithPA]

§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 pro*vided 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 instruc*tion (if a responsible individual who.

(I) is ‘21 years of age or older; and

(II) is not prohibited from owning or possessing a firearm tinder section 6105 (relating to persons not to possess, use, man*ufacture, 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 CS. Ch. 21 (relating to inter*state 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.

There ya go

http://www.acslpa.org/pa_uniform_firearms_act.htm

[PisnNapalm]

By "disarmed condition" I hope you really meant that the ammo is in a different/locked container and that the firearm is unloaded. Having a loaded gun in the car is considered to be concealed.

[jkp1187]

Originally Posted by PisnNapalm

By "disarmed condition" I hope you really meant that the ammo is in a different/locked container and that the firearm is unloaded. Having a loaded gun in the car is considered to be concealed.

You are correct.

Thanks for your help!

[rady8um]

So if the Fire Institute clinic is NRA endorsed, then he can borrow the gun, assuming all other requirements are met.

[jkp1187]

Maybe. The law doesn't say anything about transporting the gun to and from the event, though.

[Emptymag]

Could one of the lawyers out there help with jkp1187's question?

I think it's great that he's attempting to get formal training for himself and a friend.

Can anyone answer the question in language that even I can understand?
I'm actually curious about this as well.

[LorDiego01]

Originally Posted by Emptymag

[size=4]

Can anyone answer the question in language that even I can understand?

Yes, somebody please do so.

I have a mental block when it comes to legal language. Especially if it quotes previous bills and whatnot...

[KeithPA]

§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 pro*vided 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).

Does the person have a LTCF? I deal with numbers, my word reading skillz aren't the best but that seems pretty straight forward.

[rady8um]

Originally Posted by Emptymag

Could one of the lawyers out there help with jkp1187's question?

I think it's great that he's attempting to get formal training for himself and a friend.

Can anyone answer the question in language that even I can understand?
I'm actually curious about this as well.

IANAL but,

§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--Any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

(b) Exceptions.--The provisions of subsection (a) shall not apply to:

Any persons engaged in target shooting with rifle, pistol, or revolver, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the cartridges or shells are carried in a separate container and the rifle, pistol or revolver is unloaded.