Pennsylvania Firearm Owners Association
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  1. #1
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    Default Can Wife Legally Use My Gun for HP?

    If I am away for buisness and someone breaks into my house, can my wife legally use my handgun for protection? The gun is in my name not hers.

    Thanks so much!

  2. #2
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    Default Re: Can Wife Legally Use My Gun for HP?

    As long as she is not prohibited from legally owning or possessing firearms, yes, yes she can. If she is prohibited by law from owning or possessing a firearm, it must be locked up where she cannot have access to it and no, no she cant. There is no " registry" in Pennsylvania, there is a sales record, and a PICS instant background check. If there are no prohibiting factors involved with your wife's legal or medical history, then she may even carry your pistol as a side arm when she gets her License to carry firearms.

  3. #3
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    Default Re: Can Wife Legally Use My Gun for HP?

    bigandy - thank you so much!!!

  4. #4
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    Default Re: Can Wife Legally Use My Gun for HP?

    No problem!

  5. #5
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    Default Re: Can Wife Legally Use My Gun for HP?

    As an additional note, there is no transfer required between spouses on firearms in PA, so essentially whats yours is hers. This can be good and bad. I have made more than a few thrifty deals with pissed off wives looking for cash. My advice keep her happy, or buy a safe and don't give her the combo.

  6. #6
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    Brookville, Pennsylvania
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    Default Re: Can Wife Legally Use My Gun for HP?

    Within the gun owner's home a "firearm"(handgun) can be loaned to ANYONE that isn't prohibited so long as the "firearm" stays within the home. ...that includes unrelated people.

    Transfers between certain family members, so long as they live within PA, don't need any formal paperwork. Then loaning of a "firearm" outside of the owner's home requires the person who is borrowing the handgun to have a LTCF(except those certain family members, then it is only a temporary transfer).



    18 Pa.C.S. 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.
    (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).
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

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  7. #7
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    Default Re: Can Wife Legally Use My Gun for HP?

    Quote Originally Posted by bigandy1966 View Post
    As long as she is not prohibited from legally owning or possessing firearms, yes, yes she can. If she is prohibited by law from owning or possessing a firearm, it must be locked up where she cannot have access to it and no, no she cant. There is no " registry" in Pennsylvania, there is a sales record, and a PICS instant background check. If there are no prohibiting factors involved with your wife's legal or medical history, then she may even carry your pistol as a side arm when she gets her License to carry firearms.
    Can a wife open carry a pistol that her husband bought or does she still need a LTCF for any type of carry with a gun she did not buy?
    Your web muscles do not frighten me.

  8. #8
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    Default Re: Can Wife Legally Use My Gun for HP?

    Quote Originally Posted by DaveIam View Post
    Can a wife open carry a pistol that her husband bought or does she still need a LTCF for any type of carry with a gun she did not buy?
    LTCF are for people not guns.
    Gun doesn't matter

  9. #9
    Join Date
    Aug 2011
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    Conshohocken, Pennsylvania
    (Montgomery County)
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    Default Re: Can Wife Legally Use My Gun for HP?

    Quote Originally Posted by bigandy1966 View Post
    If there are no prohibiting factors involved with your wife's legal or medical history, then she may even carry your pistol as a side arm when she gets her License to carry firearms.
    Is that because they're legally married? What if the same conditions applied, but it was a different family member or even just a friend?

    Edit: I think what I'm reading is anyone INSIDE the house is fine as long as they're legal to own one. Anyone OUTSIDE the home is good if they have a LTCF if you're just loaning it to them?
    Last edited by ckk09; January 4th, 2012 at 02:05 AM.

  10. #10
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    Default Re: Can Wife Legally Use My Gun for HP?

    Quote Originally Posted by BimmerJon View Post
    LTCF are for people not guns.
    Gun doesn't matter
    That doesn't answer my question.
    Your web muscles do not frighten me.

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