Pawnshops that loan on guns

[PhillyAR]

Are there any pawnshops in the Philly area that will do a loan with a gun or guns as collateral ? I called a bunch that where in Philly and none of them will do it. Is there a state law against this ? I need a short term loan and the only thing I have for collateral is guns.

[gnbrotz]

Is there a state law against this ?

Yes. See below.

§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(Repealed and added by L 1995, Spec.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)

[Pa. Patriot]

Yes. See below.

Disagree.

By my reading, Pawn Shops (with valid 02FFL) would be "exempt" under (b)(1)(i) -and- (b)(1)(ii)

And possibly also (b)(1)(vi)

[gnbrotz]

Disagree.

By my reading, Pawn Shops (with valid 02FFL) would be "exempt" under (b)(1)(i) -and- (b)(1)(ii)

And possibly also (b)(1)(vi)

With valid FFL, agreed on the first point.
Wonder what the criteria to be a "chartered lending institution" is?

[Pa. Patriot]

With valid FFL, agreed on the first point.
Wonder what the criteria to be a "chartered lending institution" is?

Dunno, that's why I said "possibly"

But I believe (b)(1)(ii) makes it moot.

[Steve_NEPhila]

OP, what do you have??? Would you be interested in a sale?

[Pa. Patriot]

OP, what do you have??? Would you be interested in a sale?

If he is, he needs to put it in the "Classifieds" section.. Not here.

[PhillyAR]

OP, what do you have??? Would you be interested in a sale?

I don't want to sell. But I need money to fix my truck. Looking for options.

[tl_3237]

Another UFA ambiguity.

Reading 6115(a) we have two proscriptions:



#1 proscription = "No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor"

preface exclusion = "except as provided in subsection (b),"

#2 proscription = "shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter."


Simplistically "you shall not do X nor, except for blah-blah, shall you do Y".


Looking at the construct implies to me that the exceptions in subsection (b) only apply to the #2 proscription against lending or giving (temporary non-collateral transfer) since it is is prefatory to the second clause and the prohibition of lending collateralized by firearms (#1) stands in spite of subsection(b).

Had the intent been for the exceptions to apply to both proscriptions it would properly be the first clause of the paragraph, ie,

"(a) Offense defined. Except as provided in subsection (b), no person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter." or even better deleted altogether and let the exemptions apply to the entire paragraph a).

Note that all of the exemptions, except one (vi), seem to be referring to individualized qualifications/activities as oppose to commercial qualifications/activities.

They only deficiency in this line of thinking is that I'm at a loss to explain (vi) but, as has been discussed in other threads, the UFA appears to be full of linguistic ambiguities that are not readily resolvable without resorting to some outside source such as case law or regulatory interpretation.

A prime example is that the same 6115, namely (b)(2), seemingly allows for the giving of inherited firearms but at the same time 6111(c) seems to prohibit their transfer without an FFL. How can you give something without transferring it? If 6111(c) FFL transfers are required for inherited firearms, of what purpose does 6115(b)(2) serve? My only conclusion is that is was an ill-implementation of the legislature's desire to exclude inheritances from the formal transfer process.

Conclusion: arguably a "pawn shop" cannot deal in hypothecated firearms. Of course they can deal in buying and selling firearms the same as any FFL if so licensed but they cannot accept firearms for pawning in the traditional sense.

[Pa. Patriot]

Another UFA ambiguity.

Reading 6115(a) we have two proscriptions:



#1 proscription = "No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor"

preface exclusion = "except as provided in subsection (b),"

#2 proscription = "shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter."


Simplistically "you shall not do X nor, except for blah-blah, shall you do Y".


Looking at the construct implies to me that the exceptions in subsection (b) only apply to the #2 proscription against lending or giving (temporary non-collateral transfer) since it is is prefatory to the second clause and the prohibition of lending collateralized by firearms (#1) stands in spite of subsection(b).

Had the intent been for the exceptions to apply to both proscriptions it would properly be the first clause of the paragraph, ie,

"(a) Offense defined. Except as provided in subsection (b), no person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter." or even better deleted altogether and let the exemptions apply to the entire paragraph a).

Note that all of the exemptions, except one (vi), seem to be referring to individualized qualifications/activities as oppose to commercial qualifications/activities.

They only deficiency in this line of thinking is that I'm at a loss to explain (vi) but, as has been discussed in other threads, the UFA appears to be full of linguistic ambiguities that are not readily resolvable without resorting to some outside source such as case law or regulatory interpretation.

A prime example is that the same 6115, namely (b)(2), seemingly allows for the giving of inherited firearms but at the same time 6111(c) seems to prohibit their transfer without an FFL. How can you give something without transferring it? If 6111(c) FFL transfers are required for inherited firearms, of what purpose does 6115(b)(2) serve? My only conclusion is that is was an ill-implementation of the legislature's desire to exclude inheritances from the formal transfer process.

Conclusion: arguably a "pawn shop" cannot deal in hypothecated firearms. Of course they can deal in buying and selling firearms the same as any FFL if so licensed but they cannot accept firearms for pawning in the traditional sense.

No offense, but I'm not buying it

Seriously, your opinion on the parsing is persuasive... . BUT, exception (b)(1)(vi) is clearly aimed at the loans part. If the exceptions are only for the "use" part of the prohibition, why would an exception for a lending institution be included?


The law is poorly written (surprise, right? ) And as such the exceptions seem to clearly apply. To me, JMHO.
Can't find any case law...