Help - Lending a firearm to a friend

[DonaldFite]

I did some searching and I am still fuzzy on it being legal to loan a firearm to someone. Here are the circumstances.

We have a family friend who met someone that ended up being a monster. He beat her really bad and held her prisoner until she had a chance to get to the police. He has been in Jail for some time but was just released on bail. She does have a PFA but because he broke into the house to get her before by kicking the doors in, she doesn't feel safe and I don't blame her.

If I loan her a hand gun or shot gun and it is only used from home defense - Can I get in trouble if he kicks the door in and she caps him? I was thinking of giving her a home defense shot gun and a bill of sale for $1 and she could give it back when she felt safe?? Thoughts?

Thanks!

[daschnoz]

This is PA. No BoS is required by law.

As long as she is not a prohibited person (that is the important part)

I assume the lady is 18 or older...

Sell the shotgun to her for whatever price you see fit. THEN, take her to the range and make sure she knows how to use her newly purchased boom-stick. Can you get in trouble? If the transfer is legal, there's nothing they can charge you with. Once she buys it from you, it's her gun.


You can loan her a hand gun provided that she has a valid PA LTCF. If she were to buy it from you, the transfer would need to be made at an FFL so the PSP can get the necessary paperwork to update their it's not a registry but is being used as a registry database.



I hope for everyone's sake that this guy just goes away, but from your brief description in the OP, it doesn't sound like he's smart enough to do that. Good luck to all who are involved.

[ungawa]

I'm pretty sure that someone with LTCF can borrow a handgun and the person loaning it does not need one.

[jw34]

I'm pretty sure that someone with LTCF can borrow a handgun and the person loaning it does not need one.

You are correct.....here's the fine print.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
§ 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).
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

2005 Amendment. Act 66 added subsec. (b)(4).
Cross References. Section 6115 is referred to in section 6108.3 of Title 23 (Domestic Relations).
§ 6116. False evidence of identity.

[jw34]

(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.
.

And this part makes me think LTCF is not required on either end if the gun stays in the house

[daschnoz]

And this part makes me think LTCF is not required on either end if the gun stays in the house

Yeah, but I don't know that I would want to push it. The last thing she would want to do is forget that little tidbit and get caught by an overzealous rookie looking to make a good name for himself with the pistol at the range.

[daschnoz]

Thanks jw.

I looked through the UFC and assumed that section only applied to pawning the gun, so I didn't bother to dig into it. Thanks.

SO, there you have it OP.... if she has a LTCF, you may loan her your pistol. I have edited my original response accordingly.

[cham09]

You can loan her a hand gun provided that she has a valid PA LTCF. If she were to buy it from you, the transfer would need to be made at an FFL so the PSP can get the necessary paperwork to update their it's not a registry but is being used as a registry database.

Is there anything in the law stating a limit of time that a handgun can be loaned to another LTCF holder before it has to be transferred to the person through an FFL?

[tl_3237]

I'm not aware of any 'bright line' time limit defined statutorily. It is reasonable to assume that there is some time demarcation between a 'loan' as opposed to a permanent gift/transfer. That time would be a subjective call by the trier-of-fact at your trial should charges ever be brought.

Courts can and do use the dictionary meaning of words to divine the meaning and intent of laws. Webster defines:

• "loan" as "the grant of temporary use";
• "temporary" as "lasting for a limited time".

Loaning for a couple weeks would seem to be OK; loaning for a couple decades would probably be viewed unfavorably. In between - you take your chances.

[mmi]

if she uses it you did not know about that guy tell her that too