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Thread: Borrowing gun/wife using mine
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December 4th, 2010, 10:58 PM #1Member
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Borrowing gun/wife using mine
I've been looking around and can't find any exact answers. Does anyone know if it is legal to conceal another persons gun? I have my carry permit, so does my fiancee, there is not a law saying she can't carry one of mine correct? Also what if I borrow and carry, legally owning gun owner, I do not believe that is a problem is it?
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December 4th, 2010, 11:01 PM #2
Re: Borrowing gun/wife using mine
You are correct, it is legal...
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).Last edited by Curmudgeon; December 4th, 2010 at 11:05 PM.
While many claim to support the right, precious few support the practice.
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December 4th, 2010, 11:02 PM #3
Re: Borrowing gun/wife using mine
Don't quote me.
But, I don't think it should be a problem as long as you have a LTCF. My brother carries my M&P all the time. He's even been stopped before and the cop never harrassed him about him not being the owner of it because we both have the same last name.
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December 4th, 2010, 11:12 PM #4
Re: Borrowing gun/wife using mine
Transfers between spouses, parent/child, and grandparent/grandchild require no formal paperwork. Therefor those relations can interchange possession, ownership, and lend/loaning of firearms at will - no LTCF is needed between those relations to borrow/loan a "firearm".
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December 5th, 2010, 06:04 PM #5Super Member
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Re: Borrowing gun/wife using mine
The only problem you might face is that if the person you lend the firearm is sued for some sort of negligence as the owner you will may sued as well just as if you lend your car to a friend and they are in an accident.
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December 5th, 2010, 10:05 PM #6Member
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Re: Borrowing gun/wife using mine
Thanks, I just wanted to make sure.
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December 6th, 2010, 05:54 AM #7
Re: Borrowing gun/wife using mine
Does this also include ownership? My mom was an Sheriff and is now retired. She gave me her old Glock 9 and 40 to carry. She used to run the CC office but that was in the early 1990s and is unsure about the law so much anymore. I carry it all the time, but I'm basically looking to just keep it now since she doesn't need them. She said I can have them. So do I have to file the paper work with the Sheriffs or can I skip it due to it being my mothers. My father believes its just pistols and not long guns. If it helps I'm currently in college and its why I have some of their stuff.
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December 6th, 2010, 06:00 AM #8
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December 6th, 2010, 06:08 AM #9
Re: Borrowing gun/wife using mine
You can LEND a firearm to any PA resident with a current PA LTCF.
You can TRANSFER a firearm, permanently or temporarily, between some family members but not others. Between parent/child, grandparent/grandchild, and spouses. That's it, no siblings, no cousins, no aunts or uncles. Just the listed exceptions, anything else is as bad a crime as selling it out of your trunk to strangers.
So you can lend your licensed fiancee your handgun, and because she has an LTCF, it's legal. You can lend your unlicensed wife your handgun, and because she's your spouse, it's legal (as long as she's not a prohibited person, of course.)
You can't lend your handgun to your unlicensed brother, not even for use in his home, not even so he can take it to the range. Siblings are not an exception.
You can try to argue that you lent your handgun to your parent, who lent it to your brother; on paper, that's legal, probably, although your intent to get it to your brother could be a problem, and you should expect to end up in court and spend a lot of money to stay out of jail. And if the trier of fact finds that you really lent it to your brother, and the loan to dad was a sham, you could be convicted.
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December 6th, 2010, 06:15 AM #10
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