19-year-old arrested in Bloomsburg in gun incident -- something sounds off

[psyche]

This article at one of Bloomsburg University's news websites sums up an investigation that started last month over a gun incident.

I wonder if the kid was really allowed to possess the firearm legally as the article makes note of. I know the police out here do all they can to use the justice system to steamroll students and non-students alike.

I hope this isn't posted anywhere else, I couldn't find it in search but I really thought it was important to get this case out there. I'm looking for some other sources now.

[Kimba]

While it is legal for a father/son transfer or gift, I believe that the the person receiving the firearm still has to be of legal age.

He does not need a LTCF for a firearm in his own home but he was visiting. He had to have transported the gun to this residence so a LTCF would be needed.

I think he's in trouble.

IANAL

[ksig1869]

While it is legal for a father/son transfer or gift, I believe that the the person receiving the firearm still has to be of legal age.

He does not need a LTCF for a firearm in his own home but he was visiting. He had to have transported the gun to this residence so a LTCF would be needed.

I think he's in trouble.

IANAL

As long as he didn't make any stops from his home to his girlfriend's and had it locked up in his trunk ammo separate I don't think that he broke the law. Wouldn't him staying at his girlfriend's be considered a temporary residence or are you only allowed to travel to range and home (posted on license)??

[bdevil73]

While it is legal for a father/son transfer or gift, I believe that the the person receiving the firearm still has to be of legal age.

He does not need a LTCF for a firearm in his own home but he was visiting. He had to have transported the gun to this residence so a LTCF would be needed.

I think he's in trouble.

IANAL

Legal age to possess is 18 so he's OK there. I think not having a LTCF is going to be a problem for him though.

[rwilson452]

That might be his out. shaky I suspect. only if he was doing a few nights there.

As long as he didn't make any stops from his home to his girlfriend's and had it locked up in his trunk ammo separate I don't think that he broke the law. Wouldn't him staying at his girlfriend's be considered a temporary residence or are you only allowed to travel to range and home (posted on license)??

[King 5.45]

It's Bloomsburg. I know the town/area pretty well. First off, the University exerts an incredibly liberal distortion field on local politics, and secondly, BPD is likely to act first and ask questions of the DA second. If anyone that he was visiting has any connection to the school this could be bad for them as well.

[Kimba]

As long as he didn't make any stops from his home to his girlfriend's and had it locked up in his trunk ammo separate I don't think that he broke the law. Wouldn't him staying at his girlfriend's be considered a temporary residence or are you only allowed to travel to range and home (posted on license)??

I thought transport was only legal from gunshop to residence or shooting range & gunsmith back home withou a LTCF. Any stops along the way would make it an illegal transport, right.? Someone with more knowledge will have to verify.

I thought legal age was 21. Thanks for those who corrected me.

[kadar]

(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.

This could get quite interesting. The prosecution may have to prove that shagging your GF who is away at college is not a recreational activity.
(If that was what he was doing there.)

[bighornjd]

Well, the way I interpret it from the article, the shaky point is going to be whether or not he indeed needed to have a license to have transported the firearm there. From the wording of 'vacation or recreational home' I would say a good arguement could be made but I am no lawyer. As for posessing it I call bullshit on the article portraying that he did not own it. Just because the worthless PSP database Serial # showed his father made the purchase. He stated his father gifted it to him and he is over 18 so I don't see what th problem would be there. I hope he gets a good lawyer. The fact that it was still unloaded and in the case in the apartmment is a plus - one would imagine it was likely transported there in the same fashion. Unless there are other important details missing it seems to me h would only have to prove the apartment as a 'recreational home'. Seems to me if you are visiting friends or family and staying at thier home it could possibly be considered your temporary dwelling? Is there any statute or case law that may clarify this?

[bighornjd]

Found this in the reference library. Red may be able to be used as his defense? Assuming of course neither he or his girlfriend are prohibited persons. He wasn't technically in a public place so I'm not seeing the need for a LTCF. If he would have just closed the door of the apertment after the incident, not consented to a search, and not talked to the police, he may not be in such a pickle... interested to know more about this.


(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).