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Thread: Can I
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November 26th, 2008, 05:35 PM #1Member
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Can I
Can I, legally, allow my wife to carry one of my hanguns(bought and papaerwork in my name, not hers) with her LTC permit?
Thanks,
Tom
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November 26th, 2008, 05:41 PM #2
Re: Can I
Yes. 10 characters...
A gun is not registered to a specific person. If you want to make it "even more legal" so to speak, you can even hand her the gun and say "Honey I give this to you." and the gun is now hers.Μολὼν λάβε
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November 26th, 2008, 05:46 PM #3
Re: Can I
Yes, she can.
Loaning of handguns is generally prohibited by 18Pa.C.S.§6115
But one of the exceptions is if the loanee is licensed:
(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).
ref: 18Pa.C.S.§6111(b)(3)Last edited by Pa. Patriot; November 26th, 2008 at 05:49 PM.
_________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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November 28th, 2008, 08:25 AM #4
Re: Can I
The previous responses are correct. What you should be aware of though, is that there has been more than one documented case of people having their firearms taken during a LEO encounter simply because the firearm is run against the illegal state police database and it comes back as not in your name. If this happens, your wife may have the firearm confiscated illegally, then you may have to petition the court to get your property back.
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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November 28th, 2008, 11:24 PM #5Member
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November 28th, 2008, 11:30 PM #6
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November 28th, 2008, 11:32 PM #7Grand Member
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November 29th, 2008, 04:05 PM #8
Re: Can I
I'll take a stab at making myself a bit more clear, when I wrote Illegal state police database, I was referring to a database that the PSP maintains. This database is compiled from all the gun sale information that by law the PSP is required to destroy, IIRC. This information, such as firearm serial number, purchaser name, address, DOB, and other facts, is then made available to pretty much any LEO in the state. If you are involved in an encounter with a LEO, and your firearm is taken, they will run it against the stolen weaponreports, and this database. If you are not the owner, according to this database, they will take the firearm. In other words, they use this info database in the same way they would if there was a required registry. This is obviously illegal and against state and federal law. But the courts have allowed it to exist for the stated reason that it is not a COMPLETE record and as such can't be considered a registry. It sucks, but it is what it is. Just a heads up on how it currently works here......
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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November 29th, 2008, 09:08 PM #9Member
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Re: Can I
Thanks for the info. I read the post a few times, and was not getting that you may have been implying that the "database" itself was the illegal part. Thanks for clearing that up.
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November 29th, 2008, 09:11 PM #10
Re: Can I
The only thing the database records is handguns, pistols, revolvers, SBS's and SBR's as definition of a "firearm" in PA law. Longguns are not recorded.
"Firearm." Any pistol or revolver with a barrel length less
than 15 inches, any shotgun with a barrel length less than 18
inches or any rifle with a barrel length less than 16 inches, or
any pistol, revolver, rifle or shotgun with an overall length of
less than 26 inches. The barrel length of a firearm shall be
determined by measuring from the muzzle of the barrel to the
face of the closed action, bolt or cylinder, whichever is
applicable.
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