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Holding firearms for a relative
#1
A relative of mine's executive position compels him to move from a civilized state to either New York or New Jersey.

It'll be a temporary thing, on his way up the executive ladder. I'm thinking that it may be useful for me to offer to take custody of any handguns or legally-difficult items of his that he wishes to retain for the duration until he either vacates such states or can obtain appropriate permissions to possess.

Given that I totally trust him as a fine, upstanding, young family man, are there any legal issues that we can conceive of?

I'm thinking maybe I should just offer to host the square-footage of his gunsafe here in the Keystone State.
gascolator, proud to be a member of pa2a.org since Nov 2012.
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#2
I believe it's legal as long as you both have LTCF's. If it were me, I'd have a little document written up that the firearms are just being loaned and no legal transfer of ownership is happening. You could have that notarized then. It would protect you both. Maybe also include that in the event of the unexpected death of him, you will return the firearms to his estate, and if you die, your estate will return them to him.
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#3
You don't need a LTCF, but a letter would help just in case.

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"There is no hunting like the hunting of man. And those who have hunted armed men long enough and liked it, never care for anything else thereafter."
-Ernest Hemingway
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#4
shademtarmory;113746 Wrote:You don't need a LTCF, but a letter would help just in case.

Sent from my Samsung Galaxy Note II using Tapatalk 4 Beta

Yes you do. It's required by PA law to loan/lend firearms, unless of course you fall under one of the other exceptions. Absent that, it's not legal to just pass them around at will.

Quote:§ 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).
(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).
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#5
I never would have given this a thought! People in my area do this all of the time. Granted 95% of the time the police don't know about it. But in that 5% that they do, nothing is ever done about it because most officers don't even know about this law. If they do know, I don't think they even care.

Sent from my Samsung Galaxy Note II using Tapatalk 4 Beta
"There is no hunting like the hunting of man. And those who have hunted armed men long enough and liked it, never care for anything else thereafter."
-Ernest Hemingway
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#6
Quote:(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).

does 3 or 4 cover a person receiving weapons when someone gets a dui and probation wants all guns out of the house?
"Fighting for peace is like screwing for virginity"

goofin, proud to be a member of pa2a.org since Sep 2012.
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#7
Subparagraph (4) only applies to PFA Orders. I would think (3) only applies to where (for example) you have a friend over for a few evenings and loan them a pistol for self defense as long as the pistol doesn't leave the house.

I would think that if someone needs to get their guns out of the house for probation, they can either give them to someone who has a LTCF or to probation.

Sent from my Samsung Galaxy Note II using Tapatalk 4 Beta
"There is no hunting like the hunting of man. And those who have hunted armed men long enough and liked it, never care for anything else thereafter."
-Ernest Hemingway
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#8
Thanks, all. I have an LTCF, and the firearms would stay in PA for the duration. Good idea on the documentation. Especially for the ones I covet in the event of his demise Smile
gascolator, proud to be a member of pa2a.org since Nov 2012.
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