Firearm Theft in PA = Felony?

[MiniDevil]

Is firearm theft in PA automatically a felony, or is it dependent on the value of the gun(s) in question?

If you loan someone a firearm, and they misunderstand and sell it, is it considered theft?

[Swarner793]

Yes, theft of a Firearm is a felony.

Now, one must be careful, as lending a firearm, absent certain exceptions, is prohibited.

Be safe (and good luck).

Scott


§ 3903. Grading of theft offenses.
(a) Felony of the second degree.--Theft constitutes a felony
of the second degree if:
(1) The offense is committed during a manmade disaster,
a natural disaster or a war-caused disaster and constitutes a
violation of section 3921 (relating to theft by unlawful
taking or disposition), 3925 (relating to receiving stolen
property), 3928 (relating to unauthorized use of automobiles
and other vehicles) or 3929 (relating to retail theft).
(2) The property stolen is a firearm.


§ 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).