Gun posession question

**swack** · September 9th, 2009, 04:32 PM

My question is:
Is it legal for me to leave my pistol at my girlfriend's house when I am not there? She will not be carrying it or anything of the sort, it will just be kept there. I am 21 with my LTCF and she is 20. Thanks in advance

**mojo** · September 9th, 2009, 04:38 PM

I think for this to be legal, she would need her LTCF.

**mjporreca** · September 9th, 2009, 04:42 PM

I believe it's perfectly legal, but in some counties I think it might make you married.

**swack** · September 9th, 2009, 04:46 PM

Originally Posted by mjporreca

I believe it's perfectly legal, but in some counties I think it might make you married.

...might as well be illegal...

**ByAnyMeans** · September 9th, 2009, 04:48 PM

Originally Posted by swack

...might as well be illegal...

ROFLMAO....

I think it's legal but would wait for a more definitive answer by the more knowledgable legal guys around here. You mya have an issue if hse is not 21 and could not legal purchase the weapon herself but again i'm talking out my ass here.

**tl_3237** · September 9th, 2009, 05:00 PM

IMO (section references 18 Pa CSA Chapter 61 aka Uniform Firearms Act)

Presumptions:

1) your gf is not you spouse legally;
2) you and her do not have the same primary residence;
3) she does not have an LTCF nor is exempt from licensing (as defined in 6106);
4) you are not storing your pistol pursuant to a protective order to your gf as a third party;
5) she has ready access to the pistol.

Then it could readily be concluded that you have given her possession and control either by lending (violates 6115) or outright transfer (violates 6111).

In other words, given the presumptions - NO you cannot legally leave it there.

**knight0334** · September 9th, 2009, 05:08 PM

If you lock it up you'll be fine. She needs to have control along with possession for it to be an issue. Gunlawyer001 explained this awhile back for a very similar situation.