Can I borrow a pistol from someone who lives outside of PA?

[ROCK-IT3]

I was in North Carolina this past week on business, and a friend/business aquaintance who lives in NC showed me his CZ 75 in .40 S&W. I've been eyeing up CZ's for a while, so he said I could take it along w/ me and shoot it for a while, as he would be coming up to PA in a few weeks/months. Would this be legal? I have a LTCF, and I know about unloading/seperating/locking in MD., just wondering about having it for a few weeks or more in PA.

I didn't bring it since I wasn't sure, but he's going to bring it when he comes up, and maybe leave it w/ me until next time I go down there. (He's been collecting handguns for about 45 years, says he has about 200 or 300, not sure exactly, so he sure won't miss it for a short time.)

Thanks,
Rock-it3

[knighted4]

I was in North Carolina this past week on business, and a friend/business aquaintance who lives in NC showed me his CZ 75 in .40 S&W. I've been eyeing up CZ's for a while, so he said I could take it along w/ me and shoot it for a while, as he would be coming up to PA in a few weeks/months. Would this be legal? I have a LTCF, and I know about unloading/seperating/locking in MD., just wondering about having it for a few weeks or more in PA.

I didn't bring it since I wasn't sure, but he's going to bring it when he comes up, and maybe leave it w/ me until next time I go down there. (He's been collecting handguns for about 45 years, says he has about 200 or 300, not sure exactly, so he sure won't miss it for a short time.)

Thanks,
Rock-it3

IANAL but according to PA law yes you can be loaned a gun.

knighted4

ARTICLE l SECTION 21
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
What part of this DON'T you understand?

[tl_3237]

The lending issue depends on where the actual transfer of possession occurs.

If your friend brings the pistol into Pa and lends it to you here then you are covered under the exception

18 Pa CSA § 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).

If you accept possession in NC then the legality of the loan will depend on NC law to which I can't comment. Of course you're still covered bringing it back to Pa.

If you friend brings the pistol into Pa I presume he has a NC CCW or similar reciprocity recognized license. If he doesn't there may be issues with his transport into Pa.




ETA: Upon further reflection, although what I said above applies to the states' laws there may indeed be an issue with Federal law.

Specifically 18 USC 922(a)(3) would possibly prevent you from borrowing the pistol in NC and bringing it back to Pa.

to transport into or receive in the State where the resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State

and 18 USC 922(a)(5) would prevent your NC friend from giving you control and possession regardless of where the 'loan' takes place-

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides

Borrowing the pistol as outlined by the OP, IMO, would violate Federal law.

[bert]

I think you are reading between the lines about borrowing another persons handgun. I'd be willing to bet that is illegal in PA. It may be legal to borrow a rifle or shotgun for hunting purposes. In PA you can't lend your handgun to your son or daughter. The only way they can shoot it, if you are at a range with them.

[knight0334]

I think you are reading between the lines about borrowing another persons handgun. I'd be willing to bet that is illegal in PA. It may be legal to borrow a rifle or shotgun for hunting purposes. In PA you can't lend your handgun to your son or daughter. The only way they can shoot it, if you are at a range with them.

You may lend a handgun to a son or daughter in PA. Parents, children, grandparents, grandchildren, and spouses are exempt from requiring a transfer. Under such transfers they can be as permanent as a gift or as temporary as a loan.

Your handguns are effectively your childrens', your spouse's, your parents', your grandparents', and your grandchildrens' just the same as they are yours. They however must carry or transport them within the same confines of the law as you would. IE: licensed if concealed, licensed if in a vehicle(exemption for 6106.b.13), or openly, must be 18yo(unless supervised), etc.

[Gun Bowanna]

Under Federal Law, It would be considered a "Transfer" and as such it would require the services of an FFL in PA. to administer a PICS check and Federal 4473.
When the "Loan" is over, the reverse would need to be done.

Your friend "Loaning" his gun to you is no different than you buying a gun off Gunbroker.


All this gets tossed under the bus, if it's from a direct family member.

[tl_3237]

Under Federal Law, It would be considered a "Transfer" and as such it would require the services of an FFL in PA. to administer a PICS check and Federal 4473.
When the "Loan" is over, the reverse would need to be done.

Your friend "Loaning" his gun to you is no different than you buying a gun off Gunbroker.


All this gets tossed under the bus, if it's from a direct family member.

If the family member is an out-of-state resident then an FFL is still required. There is no exemption to Federal statutes for familial relationships.

[Gun Bowanna]

You're right.


What I had in my head, didn't come out typed.

I meant, If the family member "drove" here to visit, and left you the gun as a loan.
No, he could't just ship it to you.

[tl_3237]

You're right.


What I had in my head, didn't come out typed.

I meant, If the family member "drove" here to visit, and left you the gun as a loan.No, he could't just ship it to you.

18 USC 922(a)(5) would prevent an out-of-state friend or relative from giving you control and possession regardless of where the 'loan' takes place-

§ 922. Unlawful acts
(a) It shall be unlawful—
5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides

[bert]

You may lend a handgun to a son or daughter in PA. Parents, children, grandparents, grandchildren, and spouses are exempt from requiring a transfer. Under such transfers they can be as permanent as a gift or as temporary as a loan.

Your handguns are effectively your childrens', your spouse's, your parents', your grandparents', and your grandchildrens' just the same as they are yours. They however must carry or transport them within the same confines of the law as you would. IE: licensed if concealed, licensed if in a vehicle(exemption for 6106.b.13), or openly, must be 18yo(unless supervised), etc.

Unless the law was changed in the last few years. I still think you are wrong. The only way you can give a handgun to a wife, son or daughter is by making a legal transfer. In my opinion the worse thing you can do is lend someone a handgun.