Is it legal?

[redturbo0]

So, my S&W 586 that I bought a few months ago that I took apart to fix and never was able to get the arm installed right, is on my mind again. A guy my mom works with who has a huge huge gun collection and lives very close by has offered to fix my gun. How legal is it to leave my gun with him to work on? Should I be present? I never really had something like this come about.

[LilEMT]

So, my S&W 586 that I bought a few months ago that I took apart to fix and never was able to get the arm installed right, is on my mind again. A guy my mom works with who has a huge huge gun collection and lives very close by has offered to fix my gun. How legal is it to leave my gun with him to work on? Should I be present? I never really had something like this come about.

If he has a liscense to carry firearms, completely legal.

[redturbo0]

If he has a liscense to carry firearms, completely legal.

I cant see how that would matter... the gun will be unloaded and in a building.

[dsx]

I cant see how that would matter... the gun will be unloaded and in a building.

The guy answered your question, though :-) An LTCF holder is one of the allowances when loaning firearms.

http://reference.pafoa.org/statutes/...ms-prohibited/

[Swarner793]

I cant see how that would matter... the gun will be unloaded and in a building.

It matters because that is what the law reads;

§ 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).


(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).


CREDIT(S)

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), § 8, effective in 120 days; 2005, Nov. 10, P.L. 335, No. 66, § 4, effective in 180 days [May 9, 2006].


HISTORICAL AND STATUTORY NOTES


Be safe (and it does matter).

Scott

[knight0334]

Is the guy in the habit of repairing firearms for other people? If so, he needs to be a FFL to lawfully be gunsmithing.

[redturbo0]

from when I understand, he does have an FFL from what I'm told. But he doesn't fix guns for people to often.

So, it may not be a good idea for my mom to take it to him? Maybe I should since she doesn't have a license to carry, or would that be ok since she is family?

[knight0334]

from when I understand, he does have an FFL from what I'm told. But he doesn't fix guns for people to often.

So, it may not be a good idea for my mom to take it to him? Maybe I should since she doesn't have a license to carry, or would that be ok since she is family?

If he is a FFL then he doesn't need a LTCF for you to loan it to him to have it worked on.

Loaning it to your mom is legal. Transfers(that includes temporary loans) between parent/child don't need a LTCF. Since she would be taking it to a gunsmith, she doesn't need a LTCF to transport it.

However, if the gunsmith requires your mother to have a background check on her before he releases the gun to her, she will have to fill out all the paperwork in HER name. Although, he shouldn't require the PICS or paperwork.

[redturbo0]

I see, thanks for the info

[mpan72]

If he is a FFL then he doesn't need a LTCF for you to loan it to him to have it worked on.

Loaning it to your mom is legal. Transfers(that includes temporary loans) between parent/child don't need a LTCF. Since she would be taking it to a gunsmith, she doesn't need a LTCF to transport it.

However, if the gunsmith requires your mother to have a background check on her before he releases the gun to her, she will have to fill out all the paperwork in HER name. Although, he shouldn't require the PICS or paperwork.

I believe the firearm would have to be unloaded. Am I correct in my reading of the statute?