I keep a handgun at my girlfriend's house. I own the gun. She is thinking about obtaining a CCP. Until she does, if I am not at her house and there is a break in, can she legally use my handgun to defend herself?
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I keep a handgun at my girlfriend's house. I own the gun. She is thinking about obtaining a CCP. Until she does, if I am not at her house and there is a break in, can she legally use my handgun to defend herself?
So you effectively loaned a handgun to someone without an LTCF?
I'm not a lawyer, but I don't think there is much of a distinction between giving your gun to your girlfriend in her house or giving your gun to any girl in any house.
Firearm ownership or possession applies to whomever is in control of the firearm. Pa is stringent about handgun possession with limited exceptions. She may be prohibited.
Do you know? She should purchase her own handgun. She won't need a LTCF to own and keep a handgun inside her home. A LTCF would alleviate the concern regardless.
I would only loan to family personally.
OH UH.. *getting popcorn*
She can legally use your gun that you stored at her house for self defense. Just remember, you only stored it there..
If you two cohabit at times, loans during the cohabitation are legal WITHIN the home without a LTCF.
18 Pa.C.S.A. § 6115
§ 6115. Loans on, or lending or giving firearms prohibited
Currentness
(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.
(4) Nothing in this section shall prohibit the relinquishment of firearms to a third party in accordance with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping).
I would take your girlfriend to the local gun shop let her pick out a gun that fits her, get it registered in her name (yes, PA registers firearms) and then get her some lessons from the NRA on how to handle, care for and shoot the firearm. Even if you have to pay for it all it's better for her to have her own firearm and training in case you decide to go your own ways.