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question about carrying in general
#1
I just finished reading a news article about a guy who was arrested for carrying a concealed handgun without a license and carrying a gun that was not registered in his name.

I know the conceal carry law but I wasnt aware you couldnt carry a gun that someone else owns. Say my wife or another family member had a pocket gun that was easier to conceal carry (legally) and I borrowed it to carry because it concealed better with what I was wearing than my EDC. Am I breaking a law?

What if the gun belonged to a friend who was letting me carry it around to see if I liked it because i was thinking about purchasing something similar in size. Is that breaking a law?
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#2
No law I'm aware of. Seen this come up before and I can confidently say that its legal here in PA at least. Someone probably has a quote from the law floating around somewhere. My GF carries a pistol I bought for her under my name.
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#3
I believe, in the State of PA, that it is legal to lend a firearm to someone that also has a LTCF. Searching for applicable law now, unless someone else finds it and chimes in first.
ETA: Found it (did not realize the section in law and documents had two pages)

Quote: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).
(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).
Source: http://www.legis.state.pa.us
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Pround member of Pa2a.org since September 2012
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#4
IIRC as long as you have a valid LTCF you can carry someone else's gun, and there is no registry in PA for guns, just a sales database that often is confused for a registry and is supposed to be destroyed after so many days. You sure the guy was arrested in PA for the not in his name charge?

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#5
bucksco;73723 Wrote:carrying a gun that was not registered in his name.

There is no such offense in PA.
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#6
I'm willing to bet the police told the journalist he was arrested for carrying without a license.............................................and the gun wasn't his. The journalist probably just wrote it up that way. I see stuff like this frequently in our local paper, and ive even had the editor defend the tactic. Sort of off topic bit a local borough was doing serious speed enforcement last year and had an article written to notify the public. The journalist wrote "police will arrest anybody caught speeding." I emailed the editor and asked just what kind of BS they were printing and he wrote back citing the 3rd or 4th definition of "arrest" which loosely could mean being detained. He went on to say that the word was chosen intentionally to add emphasis and to scare people. No joke.
The law? The law is a human institution...
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#7
The article says he was not licensed, therefore both his conceal carry and possession of the firearm are violations. It may just be that they discovered it wasn't his because he told them.

Not that a misuse of the RoS database is unheard of.
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#8
gnbrotz;73765 Wrote:
bucksco;73723 Wrote:carrying a gun that was not registered in his name.

There is no such offense in PA.

I didnt think so.

Here's the story. I actually read it incorrectly. They do say he was carrying a gun that was not registered to him and that he did not have a CCW but weapons possession is the charge, not having someone else's gun.

BTW another person with either a stolen or straw purchased gun. Can someone please explain to me how more background checks are going to prevent this from happening? Shrug

http://www.phillyburbs.com/news/crime/mo...mode=story
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#9
Maybe we should put a question on the 4473 asking if the firearm is being purchased for someone else! Surely that will stop this nonsense from ever happening again!
The law? The law is a human institution...
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