So the police called my house today...

[knight0334]

To do a private transfer from someone other than your parents, grandparents, or spouse when being under 21yo it must be transferred through a Sheriff. Most wont do it though.. FFL's can only transfer handguns to those 21yo or older. Lawful age of ownership and possession is 18, but gaining ownership and possession is the catch.

You cannot "borrow" his handgun to take it to a range. He can let you shoot it at a range in his presence, but you cant take it alone and have controlled possession. ...that controlled possession could constitute a loaning/borrowing, which since you do not have a LTCF, or fall under one of the other exemptions on loaning/transfers - it'd be a violation.

[thetruepyromaniak]

can someone quote the law stating you can not loan them out. I agree its a bad Idea, but not convinced its a crime.

[Pa. Patriot]

You can own a handgun at 18 in Pa.
You can NOT buy a handgun at a FFL, or have one transferred to you at an FFL until you are 21 (Fed law)
You can have a transfer done by a sheriff (most will not do it though)
You can buy or have gifted a handgun from a spouse, grandparent, parent or child.

You can NOT loan a handgun to to anyone (presumably other than those exempt from transfer such as parent, spouse, etc) unless the recipient has an LTCF. 18Pa.C.S.§6115

Your friend broke the law in lending the handgun to you.

I am not an attorney, my friendly forum member to forum member advice is this:

1) Delete your post

2) Do not, under ANY circumstances voluntarily go *talk* to the police without an attorney. Absolutely not.

[knight0334]

interesting. Borrowing a fire arm is not a crime tho....I cant find a link but i recall where a pistol was found on a bathroom floor in a store, they ran the sn and it turned out to be a cops. He loaned it to a female friend for protection. Atleast thats thier story.

It is for "firearms" if you dont have a LTCF or fall under one of the other exceptions.

[dm_n_stuff]

I AM NOT A LAWYER. (disclaimer)

You need one.

You need one before you go see the police tomorrow.

Get on the phone at 8AM and find one, or call one you know, or that your family knows. For that matter, make some calls now.

I'm not saying you did anything wrong, or didn't for that matter, but this isn't one of those, "Tell the truth and you'll be ok" decisions that YOU should make, you need a lawyer to make that decision for you.

Get a lawyer. Get one first thing. Have him take care of this, not you.

The reputation you save will be your own.

DM

[knight0334]

can someone quote the law stating you can not loan them out. I agree its a bad Idea, but not convinced its a crime.

http://reference.pafoa.org/statutes/...ms-prohibited/


18 Pa.C.S. § 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).

[ksig1869]

You may want to contact a lawyer just in case. You are not allowed to lend a handgun to anyone UNLESS you have a "license to carry firearms" which you do not since are not 21. Get a Lawyer

[Swarner793]

can someone quote the law stating you can not loan them out. I agree its a bad Idea, but not convinced its a crime.

§ 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).

[thetruepyromaniak]

Exception. --
Subsection (a) shall not apply if any of the following apply:
The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).
The person who receives the firearm is exempt from licensing.
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.
The person who receives the firearm meets all of the following:
Is under 18 years of age.
Pursuant to section 6110.1 (relating to possession of firearm by minor) is under the supervision, guidance and instruction of a responsible individual who:
is 21 years of age or older; and
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). The person who receives the firearm is lawfully hunting or trapping and is in compliance with the provisions of Title 34 (relating to game).
A bank or other chartered lending institution is able to adequately secure firearms in its possession.
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.
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.
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)

Mabey why I was confused, if they have an LCTF then they may borrow.

[tl_3237]

AFAIK - in Pa, the only way someone between the age of 18 and 21 can legally own a handgun is for that persons Father or Mother, Grandfather or Grandmother, to gift it to them.
(Someone should be along to confirm or correct this)

Confirmed and add 'spouse or by bequest'

interesting. Borrowing a fire arm is not a crime tho....I cant find a link but i recall where a pistol was found on a bathroom floor in a store, they ran the sn and it turned out to be a cops. He loaned it to a female friend for protection. Atleast thats thier story.

but loaning, except to specific exemptions (LTCF or LTCF exempt individuals) is a crime for the 'friend' (18 Pa CSA 6115)