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joe_mama
03-05-2009, 7:39 AM
Hi all,
Does anyone know the legality of hanging on to/storing a handgun for a friend? I've got a buddy who is moving to on-campus housing for his grad degree, and as such is not allowed to bring his firearm on campus. Since I would have his consent, is it legal for me to store it for him at my house?

hawk1
03-05-2009, 7:49 AM
Lending is of 30 days or less.

• Infrequent loans 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. (Penal Code 12078(d).)

(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.

domokun
03-05-2009, 10:57 AM
What you can do is lease/rent a space in your residence to him to store his handgun in a secure container and at that point he'd be storing it in his storage space instead of loaning it to you....

the_donald_
03-05-2009, 11:12 AM
What a coincidence, my buddy was just asking me if he could store his at my house temporarily.

hawk1 - thanks for the 411 from my end too.

joe_mama
03-05-2009, 1:11 PM
What you can do is lease/rent a space in your residence to him to store his handgun in a secure container and at that point he'd be storing it in his storage space instead of loaning it to you....

Huh, that's not a bad idea. Do you know if anyone has tried this? Also, would there need to be some paper/lease agreement between me and my buddy to make it completely legit?

JDay
03-05-2009, 3:41 PM
IIRC you can do a loan transfer at an FFL if the loan is going to exceed 30 days, the handgun will still need to have a DROS done but the ownership will not be transferred. You will also need your HSC before you can take possession of any handgun.

MikeinnLA
03-05-2009, 4:11 PM
Couldn't you just stick it in your sock drawer until he wants it back? I'm not trying to be confrontational, but are you prone to random raids by the ATF? How will ANYONE know that you have his gun? I guess I just don't get it. My bad.

Mike

joe_mama
03-05-2009, 6:15 PM
Couldn't you just stick it in your sock drawer until he wants it back? I'm not trying to be confrontational, but are you prone to random raids by the ATF? How will ANYONE know that you have his gun? I guess I just don't get it. My bad.

Mike

Yeah, I realize the odds of getting searched are very slim, especially as I'm a law abiding citizen in all other respects and it's never happened before. Still, you never know, irate neighbor calls the cops on me saying I own a bunch of guns(as i've seen reported on this board). Or I get robbed and his gun gets taken, making for messy paperwork and awkward explanations to the police. My buddy and I are both relatively new gunowners(thank you President Obama), and don't want to potentially get into serious trouble because of some stupid law in this state.

Fire in the Hole
03-05-2009, 6:21 PM
Couldn't you just stick it in your sock drawer until he wants it back? I'm not trying to be confrontational, but are you prone to random raids by the ATF? How will ANYONE know that you have his gun? I guess I just don't get it. My bad.

Mike


+ 10000

I hate making mountains out of molehills.
As they say at Nike, "Just do it!"

joe_mama
03-05-2009, 7:05 PM
+ 10000

I hate making mountains out of molehills.
As they say at Nike, "Just do it!"

Yeah, we were thinking it wasn't that big a deal. But like I said, we're both relatively new to this. Especially since the gun laws in this state are so nuanced, thought it'd be a good idea to run it by the calguns brain trust first.

TRICKSTER
03-05-2009, 7:45 PM
As long as you are not going to use it, he is not "lending" it to you, he is simply storing it. If you are that worried, have him place it in a small gun vault or put a lock on it and have him keep the key.

EZ G
03-05-2009, 8:52 PM
You can easily write up a contract for the storage. Make sure you have some fee included as part of the arrangement. Does not need to be much, just more than gratis.

Example: One dollar a month. Paid in advance. Both parties sign acknlowedging the arrangement and the payment. Should cover you for the specified period of time (in your contract.) Couple of paragraphs at most. You can find a template on line and modify to suit. If you or one of you belong to AAA you can, depending on which membership you have, get free notarization. Do two copies. Each keep one in a safe place.

the_donald_
03-06-2009, 9:42 AM
Here's a link to a pretty simple one to give you some ideas.

http://www.ideal-selfstorage.com/nss-folder/leaseagreementandreceipt/1Side%20A.pdf

It's not perfect, but it's a reference point.

hawk1
03-06-2009, 9:58 AM
+ 10000

I hate making mountains out of molehills.
As they say at Nike, "Just do it!"

Yeah and Nike is not going to help them get their stuff back if the po-po (doesn't have to be ATF) gets the chance to go through his firearms for some unknown reason. Even the OP can see that based on his remarks.

Still, you never know, irate neighbor calls the cops on me saying I own a bunch of guns(as i've seen reported on this board). Or I get robbed and his gun gets taken, making for messy paperwork and awkward explanations to the police

It's just to easy to do the right thing first and protect yourself and property.