Returning a borrowed firearm to an owner without LTCF

[Philbert]

Hypothetical, I don't have any borrowed guns right now but the possibility came up in conversation. Let's say a friend who does not have an LTCF lends me a firearm, which is legal under § 6115(b)(1)(i) because I do have an LTCF.

If I read § 6106 correctly, there is no exception for recovering a borrowed firearm, so it would be illegal for my friend to come to my house, pick up his unloaded firearm, and then return home?

[MartinBrody]

Why, because of the transportation issue? Not to and from a range, gun shop, etc.? Is that what you are getting at?

[Philbert]

Why, because of the transportation issue? Not to and from a range, gun shop, etc.? Is that what you are getting at?

Yes, exactly. I suppose in most of the state, a possible if impractical way around this would be for the owner to OC his firearm home on foot.

But because I live in Philadelphia, OC is not an option for someone without an LTCF. For clarity let's say the owner intends to come to my house, hang out for a while, then take his firearm home unloaded and cased, in his vehicle.

[hertz]

Can't you just take it to his house? Can't you arrange a range trip together and he can take it home from there?

[Philbert]

Can't you just take it to his house? Can't you arrange a range trip together and he can take it home from there?

Yes, those would both work. It's not impossible to return the firearm, just inconvenient, and pretty silly that it's an M1 to take your own firearm home after legally lending it.

[knight0334]

He would need a LTCF to come to your place to retrieve the firearm and transport it home in a vehicle.

Since he would of been so kind to lend the firearm to a licensee, the least the licensee should do it return it to the proper owner.

[MartinBrody]

Yes, exactly. I suppose in most of the state, a possible if impractical way around this would be for the owner to OC his firearm home on foot.

But because I live in Philadelphia, OC is not an option for someone without an LTCF. For clarity let's say the owner intends to come to my house, hang out for a while, then take his firearm home unloaded and cased, in his vehicle.

Illegal. Won't somebody think of the children? Come one this is just commonsense, no one needs to be transporting their own gun unless it is for target practice or dog training or a legitimate purpose like that.

[Chvyrs90]

IANAL, but wouldn't that fall under the carrying in one's home exemption. If man A says man B can carry while at his home, then transporting it from man A's home to man B's home should be legal correct?

[Philbert]

IANAL, but wouldn't that fall under the carrying in one's home exemption. If man A says man B can carry while at his home, then transporting it from man A's home to man B's home should be legal correct?

I don't think I understood who A and B are here. But my main concern is with transport. Let's say man A (no LTCF) goes out of town and lends his firearm to man B (with LTCF) to keep in his safe. Man A returns a month later, and drives to B's house to get his firearm. Only A can't now transport his firearm home because he doesn't have an exception under 6106.

[tl_3237]

IANAL, but wouldn't that fall under the carrying in one's home exemption. If man A says man B can carry while at his home, then transporting it from man A's home to man B's home should be legal correct?

That exception to 18 Pa CS 6115(b)(3) is for person A leaving a firearm for person B to access while in person A's home. Once the firearm leaves the home of the lender the exception no longer applies.

Also the except clause of 6106(a) only applies while one is in their OWN abode.

Neither fits the OPs hypothetical.