Carrying a friend's gun.

[Anthony1911]

I know this has been answered before, but I wanted to ask because there were a lot of grey areas in the answers I read. My situation has a lot of stuff that could make this legal or illegal.

I am a PA resident. My best friend is a PA resident. He joined the Army about 3 years ago. While stationed in Georgia, he bought a handgun (in Georgia). He was later tasked to deploy. When on leave before the deployment, he brought his handgun home with him, as he didn't want to leave it at his post. His parents didn't want it in the house, so he gave it to me. He's currently in Afghanistan. He said I can carry it as much as I want, and use it as much as I want. I have a PA LTCF, he does not. He is not loaning it to me as collateral, just loaning it to me.

To my understanding, I can carry it since we are both 21, the firearm was legally purchased, I have an LTCF, and the firearm isn't being used as collateral.

The only part that makes me wonder is the fact that he does not have a PA LTCF.

Thoughts on this?

ETA: Just wanted to throw this in: I asked the deputy who gave me my LTCF, and she told me I could carry my friend's gun, she just wanted to make sure I knew the person well, as well as the history of the firearm (i.e. it wouldn't be wise to carry a gun that may have been used in a crime. However I never told her the details.

[busa dave]

perfectly legal as far as i know. your friend not having a ltcf has no bearing on the situation.

i am not a lawyer

[BimmerJon]

Your story is confusing and I don't understand you... If he was a Georgia resident and you were a PA resident, and he gave you the gun... State and federal laws were broken in an illegal transfer. If both PA residents, that's fine



The law:
A PA resident can loan a firearm to another PA resident that has a LTCF

PS: although the law doesn't say specifically how long a "loan" is.... You having it for many months or years would be an (illegal) transfer, not a loan. IMHO

[tl_3237]

You would be legal to carry the handgun but I do have some misgivings with respect to the way it may have gotten to you.

Does your friend actually maintain a home in Pa or just visited his parents when on leave from his Ga duty station. If the latter then he would not be a Pa resident but a Ga resident (place of permanent duty) and perhaps another state if he commuted interstate to/from his duty station (ref 27 CFR 478.11 'State of Residence'). The military "Home State of Record' is not deterministic as to state of residence as it applies to the Federal gun laws (18 USC Ch 44). Such a loan between a Ga and Pa resident is a Federal violation (18 USC 922(a)(5)). Upon his return there may be difficulties returning the handgun to him unless you and he are residents of the same state per the same CFR definition.

27 CFR § 478.11 Meaning of terms.
State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3. A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.

Example 4. A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.

[ideaman]

I'm confused. If it's ok to lend a gun to a friend in PA,(both have valid LTCF), why does a gunsmith have to fill out papers if he's holding the gun more than 24 hours?

[Anthony1911]

He has lived in PA all his life, but is active duty Army and is stationed in Georgia. He does not own a property in PA, he resides with his parents.

I am also in the military. I thought your Home of Record was your State of Residence. Looks like I'm wrong. When his contract expires and he comes back home and moves back in with his parents, will he then become a PA resident again?

[tl_3237]

I'm confused. If it's ok to lend a gun to a friend in PA,(both have valid LTCF), why does a gunsmith have to fill out papers if he's holding the gun more than 24 hours?

Yes if both are Pa residents and the loan occurs in Pa.

By ATF regulation, it is required for him, as a Federal licensee, to enter the 'acquisition' into his bound book within 24 hours unless he returns it sooner.

[Tank40c]

He has lived in PA all his life, but is active duty Army and is stationed in Georgia. He does not own a property in PA, he resides with his parents.

I am also in the military. I thought your Home of Record was your State of Residence. Looks like I'm wrong. When his contract expires and he comes back home and moves back in with his parents, will he then become a PA resident again?

Does your friend still have a Pa Drivers License.

[ideaman]

Thanks tl 3237 for keeping me straight.

[tl_3237]

He has lived in PA all his life, but is active duty Army and is stationed in Georgia. He does not own a property in PA, he resides with his parents.

I am also in the military. I thought your Home of Record was your State of Residence. Looks like I'm wrong. When his contract expires and he comes back home and moves back in with his parents, will he then become a PA resident again?

'Residing' is not the same as having a home. I can reside with my parents during a visit but that does not necessarily qualify as my home but could just be temporary lodgings.

If he MOVES (ex: household goods) back in with his parents and intents that to be his home for a period of time then he would be a resident of Pa at that time.