The HuntingPA.com Outdoor Community banner
1 - 20 of 37 Posts

·
Registered
Joined
·
1,519 Posts
Discussion Starter · #1 ·
Can anyone answer these questions?

If a family member is licensed to carry a firearm in PA, are there any regulations that restrict that person from carrying a gun that is not registered to him/her?

Same question applies, but to a non family member?

Thanks in advance for any response.
 

·
Registered
Joined
·
122 Posts
Right - looks like you can lend a gun as long as it kept in the house? B-3

http://paopencarry.org/uniform-firearms-act
§ 6115. Loans on, or lending or giving firearms prohibited.

1. 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.
2. Exception. --
1. Subsection (a) shall not apply if any of the following apply:
1. The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).
2. The person who receives the firearm is exempt from licensing.
3. 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.
4. The person who receives the firearm meets all of the following:
1. Is under 18 years of age.
2. Pursuant to section 6110.1 (relating to possession of firearm by minor) is under the supervision, guidance and instruction of a responsible individual who:
1. is 21 years of age or older; and
2. 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).
5. The person who receives the firearm is lawfully hunting or trapping and is in compliance with the provisions of Title 34 (relating to game).
6. 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).
 

·
Registered
Joined
·
378 Posts
vapor trail said:
Can anyone answer these questions?

If a family member is licensed to carry a firearm in PA, are there any regulations that restrict that person from carrying a gun that is not registered to him/her?

Same question applies, but to a non family member?

Thanks in advance for any response.
There is no "official" gun registration in PA. That being said there is a record of sales in PA, but this is not to be used as a "registration".
The license to carry a firearm is just that. It does not specify what pistol you carry , just that you are licensed to carry one.
 

·
Registered
Joined
·
25,911 Posts
Right - looks like you can lend a gun as long as it kept in the house?
There is a long list of acceptable circumstances in that section, allowing the lending of firearms among qualified individuals.

I and several of my friends, all of whom are NRA certified firearms instructors, regularly swap firearms for training and shooting clinics. All of us also hold LTCF "cards", as well.

This might be a less confusing representation of the section ot Title 18:

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).
 

·
Administrator
Joined
·
30,852 Posts
RonHarperJr said:
Right - looks like you can lend a gun as long as it kept in the house? B-3

http://paopencarry.org/uniform-firearms-act
§ 6115. Loans on, or lending or giving firearms prohibited.

1. 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.
2. Exception. --
1. Subsection (a) shall not apply if any of the following apply:
1. The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).
2. The person who receives the firearm is exempt from licensing.
3. 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.
4. The person who receives the firearm meets all of the following:
1. Is under 18 years of age.
2. Pursuant to section 6110.1 (relating to possession of firearm by minor) is under the supervision, guidance and instruction of a responsible individual who:
1. is 21 years of age or older; and
2. 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).
5. The person who receives the firearm is lawfully hunting or trapping and is in compliance with the provisions of Title 34 (relating to game).
6. 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).
 

·
Registered
Joined
·
122 Posts
dietsch said:
your carry permit does not apply to any gun.if ur liscensed to carry,you can carry anyones legal firearm
Mod note: This is a BLAH! free zone. Argument for its own sake, doesn't work here.
 

·
Registered
Joined
·
122 Posts
DennyF said:
There is a long list of acceptable circumstances in that section, allowing the lending of firearms among qualified individuals.
I was agreeing that under the circumstances he quoted that he could use another's gun (with a carry permit)
I blew past the NRA thingy because it didn't apply to anyone I knew


The issue came up recently when a woman contacted me regarding break-ins and I was suggesting she needed to borrow a gun (she couldn't afford one)

A cop told her she couldn't do that - and I looked. It does seem like its against the law to transport a handgun but not to possess it in the home between unrelated people?

There is ambiguity in our gun laws. For instance, can a carry permit holder carry a gun onto a public school property? Others say yes because it's a 'lawful purpose' others say no.

Depend on the District Attorney
 

·
Registered
Joined
·
25,911 Posts
There are general prohibitions about where one can carry with the LTCF, including schools, courthouses and other government buildings. Post Offices are also "off limits", due to their own regulations.

That section of Title 18 does a fairly good job of listing the "rules" for lending firearms and is self explanatory...for most of us.
 

·
Banned
Joined
·
6,618 Posts
vapor trail said:
are there any regulations that restrict that person from carrying a gun that is not registered to him/her?
Is my gun supposed to be "registered" to me? (Actually, a facetious question, I know that it is not, and pray that it never comes to that in PA).
 

·
Registered
Joined
·
122 Posts
DennyF said:
There are general prohibitions about where one can carry with the LTCF,

http://paopencarry.org/pa-firearm-law-ss912

§ 912. Possession of weapon on school property.

1. Definition. -- Notwithstanding the definition of "weapon" in section 907 (relating to possessing instruments of crime), "weapon" for purposes of this section shall include but not be limited to any knife, cutting instrument, cutting tool, nun-chuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.
2. Offense defined. -- A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school.
3. Defense. -- It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.
Someone with a permit would have a lawful purpose to pack.
 

·
Registered
Joined
·
122 Posts
Mod note: This is a BLAH! free zone. Argument for its own sake, doesn't work here.
What are you talking about?! I made the LEGAL point that without a carry permit, that you must register the gun you hunt with... with a carry permit it's not required. Kind of a good, on topic point that YOU edited out because I punctuated the end with the word blah?

The 'blah' was about registering the gun to hunt. I am not a fan of government intervention with rights. Are you saying I am not allowed to express opinion here?

Please explain your actions.
 

·
Registered
Joined
·
122 Posts
Larry said:
Is my gun supposed to be "registered" to me? (Actually, a facetious question, I know that it is not, and pray that it never comes to that in PA).
I wish I could put an LOL. They sad part about it, is that since the Pennsylvania State Police has refused to obey the law, they have maintained and kept all records since the electronic checking.

Too bad we don't have an Attorney General to challenge the PSP actions.

rh
 

·
Registered
Joined
·
3,191 Posts
RonHarperJr said:
What are you talking about?! I made the LEGAL point that without a carry permit, that you must register the gun you hunt with... with a carry permit...about registering the gun to hunt.
The State Police 'registry' is a database of purchases since the law required using a FFL to transfer handguns.

I carry pistols I inherited from my father that were acquired b/4 this regulation. They are legally not in the database and I do not need a permit or license to carry them openly from home or camp to hunt. If I wish to drive from camp to a hunting location I need a sportsmens permit -or- a LTCF as that transport falls outside the allowed exceptions...

Anyone moving into PA with a handgun purchased elsewhere is not required to add their weapon to the database.

The 'registry' contains only a small portion of the handguns in PA which is why the PA supreme court ruled the database as illegal though the State Police still operate as if it is a complete registry.

Someday they will take a valued handgun from a lawyer w/ the time and resources to win and this will be corrected...
 

·
Registered
Joined
·
25,911 Posts
There is a PGC regulation to obtain either the Sportsman's Permit to hunt with a handgun, or you must have the broader License To Carry Firearms, to use a handgun to hunt with.

There is no registration per se. Years ago, the SP was handgun-specific. They dropped that requirement long ago.

I am aware of the "lawful purpose" element, as far as a defense for being on school property with a firearm and also having the LTCF. As all school districts ban firearms, if one wants to run their chances, so be it.

Gratuitous comments that are not germane to the discussion, often get deleted here. Action explained. This is not your personal playground. Don't like it? Inform an Admin.
 

·
Registered
Joined
·
2,452 Posts
The PGC is wrong. You do not need a Sportsman's Permit to hunt since PA is an Open Carry State. You need it to conceal while hunting.
 

·
Registered
Joined
·
25,911 Posts
Split whatever hairs interest you, but there continue to be several "gray areas" in PA statutes and regs, concerning the carrying of firearms for whatever purpose. Open carry is permitted under some restrictions, one of which may well be regs to the contrary?

According to PGC regs, either a Sportsman's Permit or LTCF, is required to tote a handgun while hunting. They are not "suggestions" and have the same force as any other reg or statute on the books. If there are conflicts, those running afoul of such conflicts, may hire lawyers to support their views.

Others can haggle over the legitimacy of such regs. I generally just follow them as closely as I can.

 

·
Registered
Joined
·
3,399 Posts
PA-Joe said:
The PGC is wrong. You do not need a Sportsman's Permit to hunt since PA is an Open Carry State. You need it to conceal while hunting.
The SP comes into play when, lacking a LTCF, you want to transport your firearm (handgun) to or from the place(s) you desire to hunt.

Legally, if you don't have the LTCF or SP you cannot transport your firearm (handgun) to those places, even if it is unloaded.

The LTCF or SP is not needed to carry your firearm (handgun) while hunting unless you conceal it under your coat. If you can walk out your back door and begin hunting, you are fine.

However, the SP does not allow you to carry a semi-auto firearm (handgun) while hunting, as the semi-auto would not be a legal firearm for taking game. This is where the LTCF comes in as it allows you to carry either a revolver (legal for taking game) or the semi-auto.
 
1 - 20 of 37 Posts
Top