Gun ownership on probation

[Gunsnwater]

My mistake. (I make more and more of late ). Well, I think I properly covered handgun. I was concerned that he might get in trouble just handing to anyone to hold. It raises an interesting question. If I want to use someone's safe to store my handgun, and that person has no LTCF and is not a prescribed relative, have I conducted an illegal transfer?

Sadly, yes.

Whats the law that says ltcf makes it ok?

[gghbi]

Whats the law that says ltcf makes it ok?

§ 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).

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)



2005 Amendment. Act 66 added subsec. (b)(4).

Cross References. Section 6115 is referred to in section 6108.3 of Title 23 (Domestic Relations).

[Yoder]

My friend just had this issue. He moved his gun safe to a neighbors house and left it there until his probation was over. This was Pike County. I was surprised they didn't take them.

[Marcus99]

Every probation office, county, state, federal is different. Certainly if someone was a violent criminal they would be a bit less understanding, but for your average DUI or lower level crime type person they'll usually try to work something out with you. Probation officers don't want to take the time to collect, inventory, and be responsible for a bunch of guns. They generally don't have unlimited storage capacity for such things. Many people get jammed up because they sign things that they don't read and/or their attorney never informed them that they were not allowed to keep their guns.

[Gunsnwater]

§ 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).

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)



2005 Amendment. Act 66 added subsec. (b)(4).

Cross References. Section 6115 is referred to in section 6108.3 of Title 23 (Domestic Relations).

Does this allow pawn shops with ffls to make loans on guns if they have a safe?

Off topic I know but I always heard we couldn't have pawn shops with guns here in Pa. I hear that pawn shop guns in other states have great deals due to just paying off the pawn.

[gghbi]

Does this allow pawn shops with ffls to make loans on guns if they have a safe?

Off topic I know but I always heard we couldn't have pawn shops with guns here in Pa. I hear that pawn shop guns in other states have great deals due to just paying off the pawn.

§ 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.


Exactly what the first statement says, no pawning of guns in PA. This is an or statement so the second part is independent of the first. And yes in some states the pawn shops do a good business in guns. I have been wandering into pawn shops since I was in jr high in various states and always found my self wishing I had free cash to take advantage of some of the deals I have seen.

Unless you are the one who did the pawn, you will almost never get anything for what the shop put into it, unless it has been sitting for a long time, or they need cash for something else. More depends on how savvy they are on values, and the best deals are when they do not realize what they have and under price the item. Those are the deals we all ache for.

Visiting pawn shops is like visiting gun shops, you never know what you will find. Also both can be quite educational, not always in a good way. Pawn shops also tend to be in neighborhoods that are less than stellar, but not always.

[CaptWillard72]

Lotta food for thought. See the PO on thursday guess I'll ask him what he would like me to do. This is my only pistol I have H&K usp 45. I had long guns bought through ffl's and then sold thru ffl's. have a friend and or a relative to keep it in recievership for me if allowed. Annother question though w/ an ungraded misdeameanor will that run me afoul of the feds from owning or possessing?

[free]

Will I have to get rid of my pistol while on probation? I live in Luzerne County PA. Pleaded guilty to general dui ungraded misdemeanor 1st offense no criminal record prior. Sentenced 6 months probation I've read alot of conflicting rules and can use the help.
Thanks
Now that i know the site a little better alas I know I cannot possess but do I have to sell it or can I give it to a relative to keep away for these 6 months?

I don't want to troll you...but honestly, didn't you ask your lawyer this question?

[philadelphia patriot]

Who is supervising your probation? County or state? I know if you are under the state's supervision you cannot possess any firearms. If you lie to them, and they find you're gun(s), you're automatically going back to prison.

[bortle]

I don't even want to think about what a pain in the ass it would be to move everything to someone else's house.