Possesion of Non-CA approved pistol

[ECV Bodie 64]

Hi,
I live in Kalifornia, but my father in law lives in AZ. He has a .32 and a .380 Kel-tec that I am dying to shoot. When he visits me, can he leave them with me for a short time? Am I legal to posess them (without him present)? They all are under 10rd capacity, and I would transport them in an approved manner. I tried my best to find an answer to this, but to no avail. If it technically is not within the spirit of the law, is this something I would get hassled for?
Thanks,
Mike

[NSR500]

Children and Parents can directly give firearms to each other as long as they are not prohibited from owning firearms.
If your Parent gifted you a Pistol you can just fill out a interfamilial transfer form and send it in. If from out of State it must go via FFL.

Go to this link for a discussion on the subject: http://www.calguns.net/calgunforum/showthread.php?t=93345&highlight=interfamilial

[ECV Bodie 64]

it would be my wife's father, not mine. And the gun is not california approved- is that still OK?

[spsellars]

I'm not sure if he could gift it to you (or if he can only gift it to your wife), but if he is out of state you must go through an FFL. There is an exemption from the Approved Handgun List for intrafamilial transfers.

[thedonger]

I think your question is can he LEND them to you? and for how long is legal to do so?

[ECV Bodie 64]

Mind you, I am just borrowing it. Possibly long term, but borrowing.

[ECV Bodie 64]

I think your question is can he LEND them to you? and for how long is legal to do so?

yes, exactly

[Hunter]

Mind you, I am just borrowing it. Possibly long term, but borrowing.

You must have a valid HSC and then he can loan it for 30 days.

d) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent loan of firearms between persons who are personally known
to each other for any lawful purpose, if the loan does not exceed 30
days in duration and, when the firearm is a handgun, commencing
January 1, 2003, the individual being loaned the handgun has a valid
handgun safety certificate.

[spsellars]

IIRC, California law restricts loaning firearms to 30 days or less.

Federal law seems to be ok with him loaning them to you -

Link (http://www.atf.gov/firearms/faq/faq2.htm#b1)
A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.

[bwiese]

The above is good, keep it 30 days max for CA - and ensure you have a vaid CA HSC card.

I think it would be wise if the lending period ended and firearms returned back to AZ with pops - so no one can say an illegal interstate transfer occurred if he left them with you.

Nonapproved ("non-Roster") situation here is irrelevant.

[ECV Bodie 64]

I think it would be wise if the lending period ended and firearms returned back to AZ with pops

so you are saying, do not posess it, unless he is present (especially if he is back in AZ)?

[bwiese]

so you are saying, do not posess it, unless he is present (especially if he is back in AZ)?

I'd say you can possess it while he is not near you while in CA.

I think risk elevates a bit when he goes back to AZ and the guns stay with you - and esp if you use them. (A bit different if he left 'em locked away in your place and he retained the key/combo.)

If you really want the guns, and he doesn't want 'em, they could be transferred to you thru your mother via intrafamily exemption. A (CA) FFL would be required because the deal's crossing state lines.

[ECV Bodie 64]

Thanks for the input.

-Mike

[DrunkSkunk]

But you go back to az every 4 weeks and return it only to borrow it again right. sure you do. that's what i would be doing

[ECV Bodie 64]

I'd say you can possess it while he is not near you while in CA.

I think risk elevates a bit when he goes back to AZ and the guns stay with you - and esp if you use them. (A bit different if he left 'em locked away in your place and he retained the key/combo.)

If you really want the guns, and he doesn't want 'em, they could be transferred to you thru your mother via intrafamily exemption. A (CA) FFL would be required because the deal's crossing state lines.


Bill,
does this family exemption work for ME with my father-in-law? (my wife's father)? or only for my wife, and then I borrow it from her?
Thanks,
Mike

[FortCourageArmory]

If you really want the guns, and he doesn't want 'em, they could be transferred to you thru your mother via intrafamily exemption. A (CA) FFL would be required because the deal's crossing state lines.
Bill,
I think the guns belong to his wife's side of the family. As such he can't get them under an intrafamily exemption. His wife can, though.

[FortCourageArmory]

Bill,
Does this family exemption work for ME with my father-in-law? (my wife's father)? or only for my wife, and then I borrow it from her?
Thanks,
Mike
OK, I was right. Your wife can get them through the intra family exemption.

[ECV Bodie 64]

So only my wife, not me? Can I get them through her?