WHOSE gun CAN you carry?

**Whileucan** · October 28th, 2011, 08:27 AM

My son arrived home, Honorably Discharged from the service. He is living with us for a year until be starts school. He immediately got his ltcf. I have 3 small firearms, as opposed to his rifles and large handguns . He wants to conceal carry one of my subcompacts.

Can he legally?

As far as civil, how am I exposed if a situation occurs where the gun is used?

Thanks.

**mollymayhem82** · October 28th, 2011, 08:44 AM

Since he's your son, you can give him a gun as a gift, legally. You can also loan it to him; people can loan firearms to other people who have vaild, resident LTCFs. But like I said, he's your son, so if you handed to him, you essentially gave it to him.

**bac0nfat** · October 28th, 2011, 09:07 AM

Originally Posted by mollymayhem82

Since he's your son, you can give him a gun as a gift, legally. You can also loan it to him; people can loan firearms to other people who have vaild, resident LTCFs. But like I said, he's your son, so if you handed to him, you essentially gave it to him.

Yep, even if he was not related you could still loan him the firearm, since he has a LTCF.

Originally Posted by 18 Pa.C.S. § 6115: Loans on, or lending or giving firearms prohibited

(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).

Also relevant:

Originally Posted by 18 Pa.C.S. § 6111: Sale or transfer of firearms

(c) Duty of other persons.--Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sheriff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.

**Whileucan** · October 28th, 2011, 09:17 AM

Originally Posted by mollymayhem82

Since he's your son, you can give him a gun as a gift, legally. You can also loan it to him; people can loan firearms to other people who have vaild, resident LTCFs. But like I said, he's your son, so if you handed to him, you essentially gave it to him.

When you say "gave it to him", do you mean as far as ownership, and is a transfer at an ffl required? Or, as far as civil, I'm not liable civilly if an attacker or their family sues him, or an aggressive DA wants to press charges?

I should just buy him his own and sleep better- but just want to know the facts of the law, and what would happen in reality.

**1blindref** · October 28th, 2011, 09:28 AM

No FFL transfer is required for a parent to child transfer of ownership.

**Greywolf** · October 28th, 2011, 09:44 AM

Within PA you can lend a firearm. Federal law allows for the "temporary" loan of firearms for "lawful sporting purposes." The law does not define either "temporary" or "lawful sporting purposes." However, in some recent flaps over shotgun imports it was made clear that the BATFE's view of "sporing purposes" is extremely narrow, including (for handguuns) bullseye competitions but NOT IDPA or IPSC type "practical shooting" competitions. Since any pistol you are likely to have probably wasn't made in PA, it has been in interstate commerce. So if there's any chance your son might carry a borrowed handgun across state lines to a reciprocal state, my gut feeling (as a non-lawyer) is that the wrong jurisdiction could make a case for violation of Federal law over an illegal loan. That would implicate you.

The cleanest solution all around would be either give him one of your handguns, or buy one and give it to him, or hand him $500 and tell him to buy whatever gun he likes.

**mollymayhem82** · October 28th, 2011, 10:20 AM

Originally Posted by Whileucan

When you say "gave it to him", do you mean as far as ownership, and is a transfer at an ffl required? Or, as far as civil, I'm not liable civilly if an attacker or their family sues him, or an aggressive DA wants to press charges?

I should just buy him his own and sleep better- but just want to know the facts of the law, and what would happen in reality.

You can hand it to him over a coffee table, and say, "Here you go." More than one person has already stated this.

You're a little bit behind, it seems. The laws have changed that if he uses a gun in self defense, and he's not criminally charged, he can't be held liable in civil court, either.

He's your son. You can loan him a gun, or give him one.