Lending a CCW gun: PA

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Tokamak

New member
Anyone know the legality of lending a gun to someone for ccw?

I have let my future son-in-law carry my P3AT when he was out hiking with my daughter. His Model 10 S&W was a little heavy for hiking in the woods, but the reason does not matter.

Is this legal? He has a PA ccw and owns his own pistol. I believe I remember reading somewhere that in PA a father can loan a gun to a dependent child.
 
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chrisandclauida2

New member
why should it matter. the only issue i see is if for some idiotic reason his permit requires him to carry what he qualified with or what is listed on the permit its self. i dont know if any states or localities require this. this would be his issue to resolve not yours as he is carrying the wrong weapon.

as far as your legal issues go i dont think their are any. he isnt a child who got to an unsecured weapon. you loaned an adult with a permit a weapon. if anyone wanted to sue you because he shot someone you have shown due diligence by insuring he had a permit and proper training.

dont worry about it. any one can sue any one for anything now days. your many many times more likely to get sued over a car accident than this. like i said if for some minuscule reason some shyster tries to sue you cause you are a better mark in case of a shooting you showed due diligence.
 
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ATW525

New member
It's looks to me like it's all set if he has a license to carry.

Sorry, tried to copy and paste the relevent section of the code, but it won't work. Anyways, §6115 provides an exception to the prohibition on lending a firearm if the receiver is licensed to carry.
 
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Tokamak

New member
Thanks

Thanks for the help.

I will read that act.

I had thought I had heard it was illegal to lend but it looks like the whole story is that it is only illegal if the other does not have a permit.
 
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Steve in PA

New member
Before someone goes quoting the laws, maybe they should know what they are talking about.

Yes, you can loan a firearm to someone.

§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 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.
 
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Shaun

New member
I live in PA and i dont know the legal ramifications of lending a gun to someone for CCW, but i know a true story where a woman gave her gun to her sister and it was stolen. The police were none too pleased that the owner of the gun had given it to someone else. When you buy a gun in PA it clearly states that you are buying it for yourself, the grey area comes down to whether or not the LAW believes you lent the gun or gave it away.
 
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Steve in PA

New member
Well, was the womans sister licensed to carry or exempt from licensing or fall into any of the other exceptions as listed above? If the answer is no, then the police were right.
 
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blume357

New member
I read the quoted law above and am really confused

boy, talk about a confusing law.

it seems the first part of the law is about actually loaning someone money and using a gun as colateral. Isn't that different.

As for the police being 'upset' about a gun you loaned or gave a friend being stolen. Well, I would be upset too. But, bad things happen. I guess the answer is to slam the little old lady against the wall and arrest her.... for being the 'bad guy.'
 
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ATW525

New member
it seems the first part of the law is about actually loaning someone money and using a gun as colateral. Isn't that different.
Click to expand...

It is different, but the law also covers loaning the actual firearm itself.
 
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kb2iaw

New member
You might want to consider ...co-registeration thats what i did with my neice(retired LEO ) for the purpose of making sure the guns stay in the family in the event something happens to me .
This is available here in N.Y.S. or at least in our adjoing countys , I would check with the issuing authorities where you live . It`s a safe way to assure that family members can retain your fire arms . Just make sure ..if you decide to sell a gun ...that both parties have it removed from their permits ...
 
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ConcealCarryNY

New member
Thats what my Father and I did Kb2. Never know what the State of New York will do if someone passes away. Btw I drive thru Oneonta like every other weekend my family is from the Hunter area.
 
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Flyfisher

New member
What do you mean by "legality?"

In its simplified explanation, the law recognizes potentially two types of legality...criminal and civil. The statute cited would seem to exempt you from criminal sanctions. What the civil side of the arena might do depends on what the lendee (your future son-in-law) might do. If he should do something negligently, Pennsylvania law may recognize the right of an injured party to seek redress from the owner of the gun.
I have been a lawyer and judge for 37 years, combined (not in Pa). I have never seen a civil suit under such circumstances, but can't certify it is not possible.
I do not generally loan out firearms...for any reason...even to my son-in-law.
 
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