Spouses/ Gifting a Handgun Questions

[pacmanfan1977]

Fisrt time posting here!!
Hey all-
I'm going to be possibly obtaining a hangun from my sister. I understand I will have to go to the gun shop with her to get it legally transferred. Here is my question-
As of right now I am engaged-and we both have a LTCF
When I am married, could my wife and I each carry the gun at different times if we wanted to? If the gun is registered under my name, can she legally carry the gun to the store? From the laws I read, she could simply say that I gave the gun to her as a gift if she was stopped by a LEO. Would I be correct?
Thanks!
Mark

[HiredGoon]

As I understand it, a person can carry a gun that is loaned to them. So the need for your wife to say it was gifted to her is not necessary. Just that it was loaned to her by you...if the question would even come up.
She has a LTCF, so no problem there.

[ChamberedRound]

I'm sure I don't have to say this, but everything here is an opinion, not official legal advice.

If you want to gift the handgun to your wife for it to be "hers", you can so without an FFL, as the laws prohibiting the transfer of ownership without an FFL have exceptions for spouse-to-spouse, parent-to-child, and grandparent-to-grandchild. This assumes your wife isn't legally prohibited from owning a firearm; if for some reason she is, then all bets are off.

HOWEVER, understand that none of the above is allowed until you and your fiancee are legally married. If you transfer a handgun to her without an FFL prior to your marriage, you and your wife will be committing a straw purchase.

As far as loaning a weapon, I just briefly reviewed Title 18, §6115 pertaining to loaning firearms and it's about as clear as mud to me. As your wife, I believe it's OK to loan her a weapon as long as she's not prohibited from possessing a weapon. She can even carry it as long as she's legally able, which doesn't seem like a problem if she has an LTCF. As for loaning to anyone else, or loaning to her prior to your marriage, I'm not 100% sure. I'd play it safe and not do so until you're married.

[Pa. Patriot]

Yes, spouses can carry each others guns.

Two reasons.

1) Your License to Carry Firearms (LTCF) exempts you from the prohibition on loaning handguns. IOW, you can loan a handgun to anyone with a LTCF.
Ref: 18PACS6115(b)(i)

2) Spouses are exempt from the requirement of "transferring" ownership of handguns at an FFL. IOW, no paperwork required.
Ref: 18PACS6111(c)

[ChamberedRound]

Yes, spouses can carry each others guns.

Two reasons.

1) Your License to Carry Firearms (LTCF) exempts you from the prohibition on loaning handguns. IOW, you can loan a handgun to anyone with a LTCF.
Ref: 18PACS6115(b)(i)

2) Spouses are exempt from the requirement of "transferring" ownership of handguns at an FFL. IOW, no paperwork required.
Ref: 18PACS6111(c)

Thanks for the clarification; I wasn't sure of the "loaning" part.

[pacmanfan1977]

Thanks for all the input! I greatly appreciate it!!
-Mark

[Statkowski]

If the gun is registered under my name ...

THERE IS NO GUN REGISTRATION IN PENNSYLVANIA!

... she could simply say that I gave the gun to her as a gift if she was stopped by a LEO.

SHE DOESN'T HAVE TO EXPLAIN ANYTHING.

[caa2003]

Yes, spouses can carry each others guns.

Two reasons.

1) Your License to Carry Firearms (LTCF) exempts you from the prohibition on loaning handguns. IOW, you can loan a handgun to anyone with a LTCF.
Ref: 18PACS6115(b)(i)

2) Spouses are exempt from the requirement of "transferring" ownership of handguns at an FFL. IOW, no paperwork required.
Ref: 18PACS6111(c)

So that means that when I get my LTCF my boyfriend (andrewjs18) and I can carry each others guns?

[Xringshooter]

caa, that is correct. LTCF holders can loan guns to each other.

[caa2003]

caa, that is correct. LTCF holders can loan guns to each other.

Thank you!