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May 14th, 2010, 04:31 PM #1
PA Law regarding Lending or Renting firearms
Is there any law against lending or renting a rifle or pistol to someone for the purpose of target practice or hunting?
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May 14th, 2010, 04:33 PM #2
Re: PA Law regarding Lending or Renting firearms
I know you can lend your handgun to a PA resident that has a valid LTCF.
Beyond that I am unsure of. Im sure someone will be along with some more answers soon.
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May 14th, 2010, 05:17 PM #3
Re: PA Law regarding Lending or Renting firearms
Yes, you can lend a handgun to another PA resident who has a current PA LTCF.
You can also lend or rent anything to any non-prohibited person as long as you stay right there and maintain custody and control; you can let your buddy shoot your handgun at the range, but you have to stay in the immediate vicinity. You can't let them keep shooting while you run out for some beer.
Long guns are not controlled with respect to transfers between non-prohibited PA residents.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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May 14th, 2010, 07:27 PM #4
Re: PA Law regarding Lending or Renting firearms
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June 3rd, 2010, 01:36 PM #5
Re: PA Law regarding Lending or Renting firearms
***BUMP***
I was hoping to get some more detailed info on this... so I gave the thread a bump.
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June 3rd, 2010, 02:43 PM #6
Re: PA Law regarding Lending or Renting firearms
Since you seem to have a specfic concern above what was in GunLawyer001 general guidance to answer your basic question.
please do you own research on the Pennsylvania Uniform Firearms Act
http://acslpa.org/html/pa_uniform_firearms_act1.html
If you go directly to the source you are always better than taking anyone answer to your specfic question.
general comment - - when you rent something for profit you might have a extra possible liability in case of accident occuring.
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June 3rd, 2010, 04:15 PM #7
Re: PA Law regarding Lending or Renting firearms
do they have to have a pa ltcf? some people in philly carry on ut or fl ccw because of philly bullshit
my goal: to get every good person in the philly region responsibly armed.
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June 3rd, 2010, 04:20 PM #8
Re: PA Law regarding Lending or Renting firearms
This is as good a place as any to mention that it's a lot easier to get free legal advice that says you CAN'T do something, than to get a blessing to move forward. Especially when it's a specific, real situation instead of a general discussion about the law.
My liability for bad advice (everyone makes mistakes) is much, much less if my answer is that, for example, there's a statute saying that you can't carry a loaded Title I rifle in your car. If I were wrong, what would your damages be? So you didn't carry a loaded long gun, you carried a loaded handgun with your LTCF instead. No harm done.
If I were to err the other way, tell you "sure, go ahead with your scheme to rent out miscellaneous guns to random people", there are in fact possible downsides to that, and they would all be expensive. If you want someone to blame if something goes sideways, you really have to pay for that insurance.
You wouldn't ask a doctor to prescribe something for you without going to his office and paying for an exam and some tests. Lawyers have the same concerns, unless the answer is so unquestionably simple, like "yes, AR-15's are legal to own in PA for non-prohibited persons."Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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June 3rd, 2010, 04:23 PM #9
Re: PA Law regarding Lending or Renting firearms
§ 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).Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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June 3rd, 2010, 05:28 PM #10
Re: PA Law regarding Lending or Renting firearms
does 6109 pertain to pa ltcf or ltcf of any sort?
edit: answered my own question... pa ltcf license holders only...
http://reference.pafoa.org/statutes/...6109/licenses/Last edited by ccphilly1984; June 3rd, 2010 at 05:33 PM.
my goal: to get every good person in the philly region responsibly armed.
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