Storing Firearms

[ottsville77]

Well guys I finally got around to talking to a cop who is a friend of mine and he told me that it is totally legal to store firearms for someone as long as they are registered to somebody. In fact he said it is a common occurrence as people do this all the time when they go on vacation. Thanks for the feed back though, it gave me a good excuse to join this great forum. And you are all correct I do need to get off my lazy azz and get a LTCP. Especially while I still can, who knows what is to come?

[gnbrotz]

Well guys I finally got around to talking to a cop who is a friend of mine and he told me that it is totally legal to store firearms for someone as long as they are registered to somebody. In fact he said it is a common occurrence as people do this all the time when they go on vacation. Thanks for the feed back though, it gave me a good excuse to join this great forum. And you are all correct I do need to get off my lazy azz and get a LTCP. Especially while I still can, who knows what is to come?

For long guns, he is correct, but absolutely NOT for handguns. The last person you should ask for legal advice is a police officer. Proof of his lack of knowledge lies in the fact he mentions "registration" which is prohibited by law.

§6111.4. Registration of Firearms.

Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term “firearm” shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon. (Added by L 1995. Spec. Sess 1, Act 17(6,), eff 10/11/95.)

Be warned that if you follow through, you are indeed committing a crime, and you have publicly posted your intention to do so.

§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 (if a responsible individual who.

(I) is ‘21 years of age or older; and

(II) is not prohibited from owning or possessing a firearm tinder 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 CS. Ch. 21 (relating to interstate 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.

(Repealed and added by L 1995, Spec. Sess 1, Act 17(8), eff 10/11/95)

[rikilii]

IANAL but i think in section 6115 of PA's UFA there are some exceptions for lending or loaning. The way I read it, agian IANAL, If they are kept within your home your ok. Is there a lawyer that could elaborate??
Frank

(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).

The bolded language may be relevant, but I would be very careful about this because, believe it or not, it is unclear what the word "one's" refers to. It could mean either the person giving/lending the firearm or the person receiving it, or it could only refer to the person giving/lending it.

Another option he might want to consider is to rent a safe deposit box at a bank that does not prohibit firearm storage. Again, IANAPAL, so you should check whether this is legal.

[rikilii]

Well guys I finally got around to talking to a cop who is a friend of mine and he told me that it is totally legal to store firearms for someone as long as they are registered to somebody. In fact he said it is a common occurrence as people do this all the time when they go on vacation. Thanks for the feed back though, it gave me a good excuse to join this great forum. And you are all correct I do need to get off my lazy azz and get a LTCP. Especially while I still can, who knows what is to come?

There's no such thing as firearm registration in PA, or at least there's not supposed to be. So your cop friend just implied that you should violate the law based on a supposed scheme that also violates the law.

[ottsville77]

Well now I'm not sure what or who to believe. I have confidence that my friend would not put me in a bad predicament. However, it just doesnt seem worth taking the chance. I think this will turn out to be a favor I can't commit to. I thought this would be a clear cut and dry answer, but clearly it isn't.

[gnbrotz]

Well now I'm not sure what or who to believe. I have confidence that my friend would not put me in a bad predicament. However, it just doesnt seem worth taking the chance. I think this will turn out to be a favor I can't commit to. I thought this would be a clear cut and dry answer, but clearly it isn't.

You don't have to "believe" anyone. We've provided you the statutes to read for yourself. Unless you can decide in your own mind that it's clearly legal, you'll probably won't want to do it. Have your friend come here and read for himself why this isn't a good idea.

[jtwalker]

If he wants to stay legal, he can loan them to me. Storage fee will be one box of ammo for each per week of storage.

[ICarryGlock19]

This is just a case of thinking out loud but here is an idea.
Is there a FFL holder that could take the guns from your friend and hold them in storage? I once had a gun on concienment at a shop and all it took to get it back after it did not sell was to have a 5 dollar PICS check done.

So for a small fee maybee a FFl could store them.

[rikilii]

Well now I'm not sure what or who to believe. I have confidence that my friend would not put me in a bad predicament. However, it just doesnt seem worth taking the chance. I think this will turn out to be a favor I can't commit to. I thought this would be a clear cut and dry answer, but clearly it isn't.

Here's an idea. If your friend is so sure, get him to hold on to them. Give him a case of beer to make up for the trouble.

[ottsville77]

[QUOTE=rikilii;1051821]There's no such thing as firearm registration in PA, or at least there's not supposed to be. So your cop friend just implied that you should violate the law based on a supposed scheme that also violates the law.[/QUOT

First of all there is nobody plotting any scheme. Second of all when you purchase a hand gun there is a number matched to your name and is collected by the state. The state passes this info to the feds. Each state then has access to it for law enforcement agencies. So in essence every state has registration. Like it or not.