Conceal carry wife's/husband's gun?

G

groverdill

New member
The other day my wife asked me a question that I don't know the answer to. If the gun she carries is out for repairs, or is unavailable for whatever reason, would carrying my gun be an issue? Since it's concealed, the only time it would matter would be if she actually had to use it. In the unlikely event that it did occur, would carrying a gun that doesn't belong to her, but belongs to her husband, cause an issue? I know it would be confiscated as standard protocol, but is it legal to carry your spouse's firearm? :confused:

Mike
 
What state are you in?

In any of the states for which I have carry permits, there is nothing to prohibit this. There are states, such as (for example) New York, in which the specific firearm(s) you might be carrying must be listed on your carry permit/license.

Without more information, the only answer to your question is: "It depends."
 
Thanks

Thanks for asking this. We are on the hunt for my wife's CCW gun now, and since I already have my CHL, I can get reduced prices locally for the gun and for the fees. But, we did already decide that she would fill out the paperwork, since we didn't know the answer to the question you are asking. Besides I needed an excuse to a get matching model just for me.

For safety's sake, I wouldn't carry someone else's gun, even if a family member. The biggest reason, would be that in the event you did have to actually use it.... it's a few more hours of fodder for CNN to discuss. We decided the less the media could focus on in that event, the better. Our decision was; due that alone, even if it is legal/allowed, it isn't something we will do.

I still want this answer though, just in case.
 
Marty8613 said:
For safety's sake, I wouldn't carry someone else's gun, even if a family member. The biggest reason, would be that in the event you did have to actually use it.... it's a few more hours of fodder for CNN to discuss. We decided the less the media could focus on in that event, the better. Our decision was; due that alone, even if it is legal/allowed, it isn't something we will do.
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I'm confused here. Are you worried that if you defend yourself with your wife's gun (or vice-versa) it will somehow become an issue in the event of a self-defense situation? I'm no legal expert, but I can't imagine a situation where that could be an issue in and of itself, so long as it was legal in your state.

I can think of only two good reasons not to carry your spouse's gun: If it's not legal in your state, or if you're not familiar with that gun. Otherwise it should be a non-issue.
 
Shhh

I'm confused here.
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Shhh, I still need that excuse to buy a matching model......

And that is how the discussion went. Regardless of legality, the less the media has to comment on, the better. It wasn't about whether it was right or legal, it was about how other's would perceive if that should happen. We know how the folks here would perceive it (Great!). The world isn't perfect, it just isn't.
 
Marty8613 said:
Shhh, I still need that excuse to buy a matching model......
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Ha, yeah! "Sorry hon, I can't use your gun, I have to buy another." I like it!

But seriously, I can't imagine how that could be a media issue anywhere, even in a strongly anti-gun state. If some anti-gun media outlet wanted to put a negative spin on a self-defense shooting, they would go after stuff like what kind of "scary" gun was used or the personal history of the shooter. But I can't see how simply using your spouse's gun could be spin in any meaningful way, especially when there's always juicier things to focus on.

Besides, how do they determine whose gun it was? In most states there's no gun registration, so in order to determine who bought the gun they'd have to pull the records from the FFL where it was purchased. And those records don't tell you whose gun it actually is, they only say who originally purchased it: How many people have bought guns as a gift for their spouses? So that means those FFL records are meaningless in determining specific ownership. And if the gun was purchased via a private sale those records would be even more meaningless.
 
Done

It was not my intent to hijack this thread..... I know that the folks here just won't understand. It is exactly for the reason that there are people that just 'don't understand' that we made that decision ourselves. We are hearing the gun owners perspective here, which is kind of making my point and strengthening that decision. It was the other end of the viewpoint that made that decision for us. There is 'how you think/want the world to work' ' How they think/want the world to work' and 'how the world works'. Now, does anyone have any real information for the OP? I am not going to comment any further after this. Unless it's to stick to the OP's question. I am researching for real information now.

What I am finding is a muddled mess of supposition and legalese. OP needs to answer the state question, there are states where this is an issue that do have specific answers. Like states that require you to list specific guns. For the most part, you both can register the same CCW in those states, regardless of ownership. The ones that don't require it.... too many answers to bother with.... where is the OP will shorten this.
 
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there is a competing evils doctrine that could cover this if one lived in a restricted state.

you must know your state's laws before you can ask anyone here such a vague question.
 
Marty8613 said:
It was not my intent to hijack this thread.
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I don't think this is a thread hijack; it's completely on-topic to the OP's question. And whatever your specific reasoning might be, my point is that in most states it's irrelevant because there's often no way to determine who owns a specific gun between a married couple.

At any time I can gift any of my guns to my wife with no paperwork required. At that point they're hers. I'm no lawyer, but I can't see how anyone can determine which guns are mine and which are hers without us telling them. The only way it would be different is if you lived in a state with more restrictive gun laws, but since you live in Texas I'm guessing your laws aren't any more restrictive in those regards.
 
It's probably safe to assume from the way the original question was phrased, but still a good idea to point out- you both have conceal permits right? For example if she does and you don't or forgot yours at home- and purse carries, then hands you the purse while she hits the Ladies' room.... It's the answer to our prayers. Gentlemen, we'll never have to hold her purse again! Get your wives a concealed carry permit today! I jest there, but it's something to keep in mind. And another reason to not purse/day planner/innocuous cover "item" carry if at all possible.
 
To do a state-specific answer, in California it matters for CCW; CA does require every gun carried be listed on any CCW license. To carry an unlisted handgun is exactly the same as carrying concealed without a license.

Some issuing agencies will allow spouses to cross-list handguns, with this problem in mind. Others insist that any gun on the license be owned by the carrier - and in CA, there is no provision for more than one owner. (CA is a community property state, but gun-purchasing documents allow just one buyer name.)

I have heard of no prosecutions on the 'spouse carries other spouse's gun unlisted in his/her own CCW', so I have no idea what DA's might actually do in that case.
 
Holy cow! You guys are on the ball! I posted my question, signed off and went to work. I just signed on again to find all these replies. Fantastic! Anyway, to answer the question of my location, it's Pennsylvania. Sorry, I thought that appeared below my screen name.

P. S. Yes, both my wife and I have our CC permits.

Mike
 
PA is Easy - answer is you are good

18 Pa.C.S. § 6102


Are you the actual buyer of the firearm(s), as defined under 18 Pa.C.S. § 6102 (relating to definitions), listed on this application/record of sale? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person, unless you are legitimately acquiring the firearm as a gift for any of the following individuals who are legally eligible to own a firearm:
(1) spouse;
(2) parent;
(3) child;
(4) grandparent; or
(5) grandchild.
 
in other words you and your spouse can swap guns back and forth until the cows come home.

ADD:
This assumes they are legally your spouse.
 
rwilson452 said:
in other words you and your spouse can swap guns back and forth until the cows come home.

ADD:
This assumes they are legally your spouse.
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Is this addressed to the OP, in Pennsylvania, or to the gentleman from New York?

In Pennsylvania it doesn't make any difference whatsoever if the person to whom you lend a firearm is or is not your legal spouse.
 
In Pennsylvania it doesn't make any difference whatsoever if the person to whom you lend a firearm is or is not your legal spouse.
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...provided you both have a license to carry a firearm.
 
ChuckS said:
In Pennsylvania it doesn't make any difference whatsoever if the person to whom you lend a firearm is or is not your legal spouse.
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...provided you both have a license to carry a firearm.
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True. In the context of the original question I accepted that as a given. However, on the Internet it is undoubtedly wiser never to accept anything as a given.
 
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