Pennsylvania Firearm Owners Association
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  1. #1
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    Default Carrying wifes firearm and visa versa

    I just got done reading the thread where the guy was stopped for speeding and they took his weapon (I do agree pure BS on the PSP part) but it got me to thinking.

    We own a myriad of handguns (the wife and I) sometimes we go to the show to buy and she puts them in her name, sometimes in mine. We both carry just about any time we leave the house but many times I will grab her 9mm and she will grab my 32 (she likes it cause it hides well).

    Now I was told transfer of weapons between family members requires no paperwork, so if I were to get stopped carrying her weapon or her carrying mine would that 'transfer' come into play and / or are any potential problems with the police?

    My local police are no problem, on great terms with them ... its other LEO and esp the PSP.

    Thanks

  2. #2
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    Default Re: Carrying wifes firearm and visa versa

    Spouses are exempt from the requirement to transfer firearms(handguns) through an FFL for ownership.

    18PACS§6111. Sale or transfer of firearms.
    (c) Duty of other persons.--Any person who is not a licensed
    importer, manufacturer or dealer and who desires to sell or
    transfer a firearm to another unlicensed person shall do so only
    upon the place of business of a licensed importer, manufacturer,
    dealer or county sheriff's office, the latter of whom shall
    follow the procedure set forth in this section as if he were the
    seller of the firearm. The provisions of this section shall not
    apply to transfers between spouses
    or to transfers between a
    parent and child or to transfers between grandparent and
    grandchild.
    Additionally, LTCF holders are allowed to receive firearms(handguns) on loan.

    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)... {snip}

    So... your covered two ways
    Last edited by Pa. Patriot; May 1st, 2008 at 09:38 PM.

  3. #3
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    Default Re: Carrying wifes firearm and visa versa

    Quote Originally Posted by Pa. Patriot View Post
    Spouses are exempt from the requirement to transfer firearms(handguns) through an FFL for ownership.
    Yes thanks Patriot I understand this but what about carrying? You seem to know your stuff with PA laws and I sure dont want my wife dealing with some gung ho LEO when she is carrying my 32.

    Thanks for the info BTW, I have learned more here in the last week then I have in years!

  4. #4
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    Default Re: Carrying wifes firearm and visa versa

    Quote Originally Posted by dc dalton View Post
    Yes thanks Patriot I understand this but what about carrying? You seem to know your stuff with PA laws and I sure dont want my wife dealing with some gung ho LEO when she is carrying my 32.

    Thanks for the info BTW, I have learned more here in the last week then I have in years!

    No problem. Carrying is fine too. There are no specific firearms "attached" or otherwise specified on your license. That combined with the fact that you can "borrow" handguns (see cite in above post) as an LTCF holder means you can carry any handgun you own or that anyone else lends you.

  5. #5
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    Default Re: Carrying wifes firearm and visa versa

    Quote Originally Posted by Pa. Patriot View Post
    No problem. Carrying is fine too. There are no specific firearms "attached" or otherwise specified on your license. That combined with the fact that you can "borrow" handguns (see cite in above post) as an LTCF holder means you can carry any handgun you own or that anyone else lends you.
    Thanks again for the great info! I am one of those "rights nuts" as THEY call us and I like to know I can spout off the law when and if I need to.

  6. #6
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    Default Re: Carrying wifes firearm and visa versa

    Thought this was a thread about mutually carrying your better halfs weapon for a length of time. While my sweety's S&W .22 is an accurate as all hell little wheelgun, I think a tear might come to my eye as she strolled away with my .357.

    I too only recently discovered the loophole of 'holding onto' someone elses firearm. A freind of mine recently got into shooting, but he is unable to keep a weapon where he currently resides, so Ive been keeping the slide/barrel, and he kept the registered frame. Now I know I can just keep the gun, assembled, in my possesion.

    Though a thought; is there any legal statute of limitations on 'lending' a firearm? Could I conceivably indefinatley hold his weapon in my possesion, as long as we both remained in-state, and he had no complaints?

  7. #7
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    Default Re: Carrying wifes firearm and visa versa

    Quote Originally Posted by CommonHighrise View Post
    Thought this was a thread about mutually carrying your better halfs weapon for a length of time. While my sweety's S&W .22 is an accurate as all hell little wheelgun, I think a tear might come to my eye as she strolled away with my .357
    Well with us its not so much of 'trading weapons'. I had bought a 32 auto (KelTec) that I thought was really nice for pocket carrying a few months ago. Then at the last show the wife saw the KelTec P11 and said "well you should buy this and then let me carry the 32" (she thinks her 9mm S & W is too big to carry) so I bought the 9 and told her she could have the 32. But I had bought a few guns at the show already so I told her to put the 9 in her name ... that's where the question came up.

  8. #8
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    Default Re: Carrying wifes firearm and visa versa

    Quote Originally Posted by CommonHighrise View Post
    ...
    Though a thought; is there any legal statute of limitations on 'lending' a firearm? Could I conceivably indefinatley hold his weapon in my possesion, as long as we both remained in-state, and he had no complaints?
    There is no time limit specified in the statute. The one posted above (ss6115) is the only text addressing lending/loans.

  9. #9
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    Default Re: Carrying wifes firearm and visa versa

    Quote Originally Posted by CommonHighrise View Post
    A freind of mine recently got into shooting, but he is unable to keep a weapon where he currently resides, so Ive been keeping the slide/barrel, and he kept the registered frame.
    In PA there is no such thing as a "registered" handgun. The frame is the ATF control item which I think is your point. I don't man to get on you about a small detail but others could get the idea that we have firearms registration here in PA which is not the case.

  10. #10
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    Default Re: Carrying wifes firearm and visa versa

    Quote Originally Posted by shermdo View Post
    In PA there is no such thing as a "registered" handgun. The frame is the ATF control item which I think is your point. I don't man to get on you about a small detail but others could get the idea that we have firearms registration here in PA which is not the case.
    We don't have it in name, but we do in practice.

    With that said, go ahead and carry your wife's gun. There's no legal reason not to. I've been known to grab my wife's 1911 from time to time.

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