Using someone else's CCW

[NavyLCDR]

No, it would not be considered a transfer of possession. At most it would be considered the loan of a firearm. In PA, a transfer of a handgun must be done through an FFL, and, therefore, the recipient would have to be 21 years or older to accomplish the transfer.

 

[Frank Ettin]

He is 20 years old .... His girlfriend is also an avid shooter...She ... plans to get her ccw, and carry in her purse(which I don't fully agree with). ... Suppose she is legally carrying the firearm...and it is needed for defense. Would he legally be able to use her weapon to defend them from an attack? For the record, they both reside in Pennsylvania.

Most jurisdictions recognized the Common Law doctrine of "competing harms" or "necessity." There are various forms of this doctrine, and as usual, the devil is in the details. But the basic idea is that a minor infraction of the law will be ignored when that infraction was necessary to preserve life and limb. A common example is the fact that one will generally not get a speeding ticket when exceeding the speed limit to rush someone to the hospital.

So I would think that if the circumstances were truly exigent, and the use of lethal force clearly justified to protect innocent life and limb, and someone could use another's gun, to which he had immediate access, I don't think it would be a problem, even if the person using the gun could not lawfully carry or possess it.

 

[Sam1911]

This is not a transfer of ownership. In the case of handguns, that would require an FFL in PA.

-Sam

 

[NavyLCDR]

This is not a transfer of ownership. In the case of handguns, that would require an FFL in PA.

-Sam

Good point Sam! I'm glad you brought that up!

 

[Girodin]

does not allow my friend who doesn't to slide over and legally start driving my car. Licenses are valid for the person who's name appears on them.

That is a false analogy. A CCW license is not a license to shoot people in self defense it is a license to carry the gun concealed. He is not attempting to carry the weapon concealed.

The details of the situation would matter. I am not familiar enough with the laws of PA to even try to comment on how it might turn out specifically or generally.

 

[Tacbandit]

Ask a lawyer...a real one...

 

[stickhauler]

To my thinking, the only places where a girlfriend using her boyfriends firearm would be one that requires a state issued permit for each firearm you own, made out specifically to your name. New Jersey comes to mind, their permit structure allows you to hand your firearm to your child to use, but prohibits doing the same with your spouse, as the firearm is specifically registered in your name. In Pennsylvania, as far as I know anyway, you're cool.
For now, until Uncle Eddie pushes through more anti-gun legislation.

 

[Sunray]

CCW isn't a firearm. It's an individual's permit/licence. A driver's licence isn't transferable either.

 

[Girodin]

CCW isn't a firearm. It's an individual's permit/licence. A driver's licence isn't transferable either.

The terms are used to mean various things but I'd disagree that the definitions are as strict as you are suggesting My permit is called a C.F.P., not a CCW. It is in fact a Concealed Firearm Permit. It allows me to have a Concealed Carry Weapon.

 

[Erik]

Since this is legal, three questions:

1. Has this ever happened?
2. Has it ever gone to court?
3. What is the case law?

 

[Sam1911]

Good point Sam! I'm glad you brought that up!

You have NO IDEA how many times I've popped into a thread only to say, "Now where in the world is NavyLT to sort this mess out!?!"

Looks like I missed your post before replying...

I guess it was so good it needed said twice!

-Sam