What if a robber breaks in my gfs house and uses my gun to defend herself?

[wanneroo]

I'd just let her get her LTCF and she can buy her very own firearm for her own protection. This isn't the damsel in distress 1950's.

My own personal life experience is that you do not let others handle your own personal property in your absence, firearms being a great example. And especially NEVER let a girlfriend have such a thing(Leykis101 believer here). Good way to burn yourself.

Blood relatives and a wife, maybe a different story. People that need or want stuff like firearms, cars or whatever, they can buy them their own dang shelf and be responsible for them.

[RebelRaider5]

"Hb1091 felony to posses gun you don't own in Philly."

Wonder if the A-hole who wrote this looked anything up. What if your parent or wife gifts you a Sidearm? One LTCF holder loans a sidearm to another LTCF holder, or an LEO gifts a sidearm to Another? My guess would be the first two would be Felony convictions.

[tl_3237]

You only need a LTCF in order to carry concealed outside your residence or in a vehicle.

Being that your GF will be doing neither and is not a prohibited person, no crime has been committed by you leaving your handgun at the residence. A residence you frequent. I reference this section;

§ 6115 (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.

That sub-section MAY be applicable while the OP is at the GF's abode "staying with her half of the week".

We have no specific definition of 'one's dwelling' in the Chapter 61 context. We do have a tangential, liberal definition Title 18 in Chapter 5 (s.501):

"Dwelling." Any building or structure, including any attached porch, deck or patio, though movable or temporary, or a portion thereof, which is for the time being the home or place of lodging of the actor.

Even presuming that the s.501 definition can be applied, there remains the issue when the OP returns to other 'house' -- the handgun must go with him as the GF's place of abode would no longer qualify.

[darkhunter]

Wonder if the A-hole who wrote this looked anything up. What if your parent or wife gifts you a Sidearm? One LTCF holder loans a sidearm to another LTCF holder, or an LEO gifts a sidearm to Another? My guess would be the first two would be Felony convictions.

Is hb1091 law, I thought it wanted fully voted in

[tl_3237]

Is hb1091 law, I thought it wanted fully voted in

Not even out of committee:

Referred to JUDICIARY, April 2, 2013 [House]

http://www.legis.state.pa.us/cfdocs/...type=b&bn=1091

[IGPJAP]

You only need a LTCF in order to carry concealed outside your residence or in a vehicle.

Being that your GF will be doing neither and is not a prohibited person, no crime has been committed by you leaving your handgun at the residence. A residence you frequent. I reference this section;

§ 6115 (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.

^^^^^^^^^ Correct answer^^^^^^^^^

[GunLawyer001]

You only need a LTCF in order to carry concealed outside your residence or in a vehicle.

Being that your GF will be doing neither and is not a prohibited person, no crime has been committed by you leaving your handgun at the residence. A residence you frequent. I reference this section;

§ 6115 (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.

A couple of errors here, which could get someone in trouble:

The GF is moving to Philly; in Philly, per state law, you also need an LTCF to merely possess a firearm openly on the streets or public property.

I would also quibble with the unilateral expansion of your dwelling to include "dwellings of your friends and acquaintances and significant others". Her dwelling does not become your dwelling just because you spend time there, and maybe sleep over from time to time. That assumption could be legal suicide, especially since most PA courts are alarmingly restrictive in their interpretations of exceptions to the UFA's restrictions.

For example, we've discussed the case where an unlicensed man went shooting, and on the way back he stopped for dinner. He was convicted, and his conviction was upheld, based on the theory that he fell outside the exception for trips from home to the range and back home again, because he broke the return trip up into a "trip from the range to the diner" and "from the diner to home".

I wouldn't expect a warm reception for the notion that "your home is my home". Makes a dandy door mat or sampler slogan, but as a legal theory, it lacks something. And remember, if you're outside the exception, what you did was a crime, an unlawful transfer of a firearm.

Your GF's apartment is distinguishable from a rented motel room, where you formally acquire tenancy for a period of time. If you share a motel room with someone, then sure, while you're on that trip, the loan exception could apply, within that jointly-rented room. But if you're at a convention, it wouldn't apply to all rooms where you spent time, you couldn't lend out your handgun to the guys playing poker in Room 501 because you sat in for a few hands yesterday.

Best for her to get that LTCF, and you can lend her a handgun with impunity.

[wanneroo]

Best for her to get that LTCF, and you can lend her a handgun with impunity.

Yes on the first one, but personally regardless of the legalities, I don't believe in letting people I don't live with full time wave around firearms I own when I'm not around. Life experience demonstrates to me the vast number of dudes that put too much faith in their "girlfriends" by letting them have your stuff and it comes back to burn them.

I just don't see the big deal if a girlfriend is keen on firearms and wants one for self protection that she can't go out and buy one herself.

That's my own personal opinion. This girlfriend may be the most trustworthy, honest, salt of the earth girl, but in general such a situation would not appeal to me.

[GunLawyer001]

Yes on the first one, but personally regardless of the legalities, I don't believe in letting people I don't live with full time wave around firearms I own when I'm not around. Life experience demonstrates to me the vast number of dudes that put too much faith in their "girlfriends" by letting them have your stuff and it comes back to burn them.

I just don't see the big deal if a girlfriend is keen on firearms and wants one for self protection that she can't go out and buy one herself.

That's my own personal opinion. This girlfriend may be the most trustworthy, honest, salt of the earth girl, but in general such a situation would not appeal to me.

Maybe so. My expertise is in keeping the cops out of your hair, not getting between you and the girlfriend. I can tell you "how" to lend her a gun, not whether you should.

[mpan72]

Philly law states you need the Ltcf for open carry.

I believe it to be state law not Philly law.