Results 11 to 14 of 14
-
October 25th, 2017, 12:49 AM #11
Re: Can my friend legally transport my firearms with a note giving him my permission?
It's not a "loophole" that I'd recommend; first, you'd be trying to fit into this for the vehicle transport:
(4) Any persons engaged in target shooting with a firearm, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded.
The problem is that the PA courts have been generally very restrictive and anti-gun in applying the plain words of the UFA. Literally, yes, the friend should be able to pick up the guns and then be "going to" the place of target practice (ignoring for the moment the facade or pretext of "target practice" when you're mostly just transporting guns). But in practice, since the statute says nothing about where you are "going FROM", an anti-gun court would try to impose the same "starting place" limitations found in paragraph (8), even though the drafters of the text could easily have included such language but chose NOT to include it:
(8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer's place of business for relinquishment pursuant to 23 Pa.C.S. § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.
Second, you still have the issue of the hand-off of the guns from ex to friend. You can transfer handguns to your spouse within PA without using an FFL. But your ex can't transfer to your friend, not a handgun. Rifles, sure, but we don't have the same transport or transfer issues with long guns. Handguns are tightly regulated in PA.
Keep in mind that any violation of the UFA is generally a misdemeanor 1. Unlawfully transporting is an M1, unless the person is ineligible for an LTCF, in which case it's a Felony 3.
Me, I'd arrange for the police to be present when the ex gives the guns to the husband, to keep the peace.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
-
October 25th, 2017, 04:51 AM #12Grand Member
- Join Date
- Apr 2009
- Location
-
Upper Bucks,
Pennsylvania
(Bucks County) - Posts
- 2,300
- Rep Power
- 21474854
Re: Can my friend legally transport my firearms with a note giving him my permission?
What's the waiting time for a LTCF in Allegheny County?
-
October 25th, 2017, 06:09 AM #13Grand Member
- Join Date
- Jan 2016
- Location
-
Pittsburgh,
Pennsylvania
(Allegheny County) - Posts
- 1,658
- Rep Power
- 21474846
-
October 25th, 2017, 07:26 AM #14
Similar Threads
-
Giving a friend a gun out of state???
By Lebby83 in forum GeneralReplies: 11Last Post: November 18th, 2014, 04:23 PM -
Giving a rifle as a gift to a friend's son
By EB85 in forum GeneralReplies: 8Last Post: September 26th, 2014, 07:43 AM -
MD/DC Firearms Transport and Locking Methods
By Jim in forum NationalReplies: 7Last Post: February 5th, 2011, 07:38 PM -
Friend arrested in NY for having a legally owned handgun in trunk
By eyeraker in forum PennsylvaniaReplies: 28Last Post: June 25th, 2010, 09:22 PM
Bookmarks