Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Feb 2009
    Location
    Duncannon, Pennsylvania
    (Perry County)
    Posts
    296
    Rep Power
    609

    Default Concealed Carry law - giving gun to someone else to hold...

    Searcher67's post regarding his airplane ride got me thinking - if you have to give your firearm to someone else to hold for a few minutes, or hour or whatever, on private ground, how do the concealed carry laws apply? Also, do the laws regarding concealed carry apply if I am on my own property? What about someone else's private property, if I have their permission?

    I have my LTCF and I do not envision any of these scenarios playing out for me, but it just got me thinking, and I realized I didn't know how the laws read regarding private property.
    - I support Israel; "If guns kill people my pencil causes bad spelling."

  2. #2
    Join Date
    Dec 2006
    Location
    Leader Heights, Pennsylvania
    (York County)
    Age
    63
    Posts
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    1429

    Default Re: Concealed Carry law - giving gun to someone else to hold...

    I believe that the person holding it must have an LTCF in order to conceal the gun while holding it, but if the person is not a prohibited person I suppose they could OC it till you get back as long as they don't get into a car with it. There might be something to do with the relationship to you also, not sure. Someone will know.
    " The Seeds of Oppression Will One Day Bear The Fruit of Rebellion."

  3. #3
    Join Date
    Apr 2007
    Location
    Franklin, Pennsylvania
    (Venango County)
    Posts
    3,920
    Rep Power
    15878969

    Default Re: Concealed Carry law - giving gun to someone else to hold...

    From our reference library (link top right):

    18 Pa.C.S. § 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).
    It is you. You have all the weapons that you need. Now fight. --Sucker Punch

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