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View Full Version : Is it legal to keep friend's handgun in CA?


norman
05-21-2009, 7:43 PM
Hi,
One of my friends has a lot of interesting guns (handgun and rifle) that we normally do not have here in CA since he has duo residences. Can I borrow his guns for a long long period time if he does not mind? Are there any legal problems if the gun is used for self defense?
Thanks.

Frijolito1988
05-21-2009, 9:00 PM
Hi,
One of my friends has a lot of interesting guns (handgun and rifle) that we normally do not have here in CA since he has duo residences. Can I borrow his guns for a long long period time if he does not mind? Are there any legal problems if the gun is used for self defense?
Thanks.

Where does your refriend reside and where are the guns ?

Librarian
05-21-2009, 9:38 PM
Let's say, for discussion, that
1) Friend is dual-resident in CA and another state; if that were the case, Friend's guns are likely in CA with no legal problems.
2) You and Friend are both not 'prohibited' from owning guns.

In the absolutely most nit-picky narrow interpretation of PC 12071 - the right interpretation - loans (other than brief ones, say for a session at a range) are supposed to go through a CA FFL, with all the formalities.

I'll bet very few people actually know that, and even fewer use an FFL to lend a rifle to Good Old Fred or whomever.

In the peculiar case of using such an un-recorded loaned gun in a way that brings the gun and borrower to the attention of The Authorities, this may cause Penetrating Questions To Be Asked.

norman
05-21-2009, 10:05 PM
Thanks. Guns are in CA legally in his house.
The narrow interpretation of PC 12071 does not sound friendly for "loan program". Too bad.

Let's say, for discussion, that
1) Friend is dual-resident in CA and another state; if that were the case, Friend's guns are likely in CA with no legal problems.
2) You and Friend are both not 'prohibited' from owning guns.

In the absolutely most nit-picky narrow interpretation of PC 12071 - the right interpretation - loans (other than brief ones, say for a session at a range) are supposed to go through a CA FFL, with all the formalities.

I'll bet very few people actually know that, and even fewer use an FFL to lend a rifle to Good Old Fred or whomever.

In the peculiar case of using such an un-recorded loaned gun in a way that brings the gun and borrower to the attention of The Authorities, this may cause Penetrating Questions To Be Asked.

thomasanelson
05-22-2009, 7:10 AM
I thought CA law allowed for 30 day loan as long as the borrower has a HSC card and all other legal requirements were met. Also, there has been a lot of discussion about "storage" if the gun is in a locked container unaccessable to the "Owner" of the property.

1923mack
05-22-2009, 7:19 AM
As I recall,from prior discussions on similar issues, one suggestion was to have the friend, rent a portion of your home for his storage of his guns. This rental can be maintained indefenitely. A written contract for this rental (at say $1.00 per year) should be executed. With his permission you can oil, service and shoot his guns that happen to be at you home (ie rental facility).

norman
05-22-2009, 8:35 AM
That is creative and useful for "long term loans"! Does that mean I can have any fancy gun he has?! And how about his high capacity magazine?
I guess I can take them to range and shoot. Wonder what happens if I use it to defend myself.

As I recall,from prior discussions on similar issues, one suggestion was to have the friend, rent a portion of your home for his storage of his guns. This rental can be maintained indefenitely. A written contract for this rental (at say $1.00 per year) should be executed. With his permission you can oil, service and shoot his guns that happen to be at you home (ie rental facility).

Vin496
05-22-2009, 8:45 AM
Hi cap mags are a no go. It is illegal to sell,manufacture or loan hi cap mags. The only way it would be ok is if both of you are shooting together and he let's you shoot his gun