View Full Version : Loaning a gun to a buddie
08-30-2009, 6:04 PM
Question for the experts I had a guy come to me asking what the law in CA was on him lending a rifle or pistol to a buddy for a week to go hunting with. That is not something I could place a specific legal section on in order to respond, so I thought I would throw it over to you all to see what you knew to be the case.
Obviously, this is a request for what the "law" says, not the fact that is probably isn't good common sense to lend guns to someone even if they are your "friend"
Penal Code 12078
(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.
(2) Subdivision (d) of Section 12072, and subdivision (b) of Section 12801 shall not apply to the loan of a firearm where all of the following conditions exist:
(A) The person loaning the firearm is at all times within the presence of the person being loaned the firearm.
(B) The loan is for a lawful purpose.
(C) The loan does not exceed three days in duration.
(D) The individual receiving the firearm is not prohibited from owning or possessing a firearm pursuant to Section 12021 or 12021.1 of this code, or by Section 8100 or 8103 of the Welfare and Institutions Code.
(E) The person loaning the firearm is 18 years of age or older.
(F) The person being loaned the firearm is 18 years of age or older.
08-30-2009, 7:30 PM
Make sure they are a REAL friend, someone you really know, like a childhood buddy you grew up with, someone you could trust with your life.
But yeah, as long as they meet the criteria above, you are GTG.
O, and a REAL friend will clean your gun before they return it to you, lol
08-31-2009, 6:20 AM
I will be sure to remind my customer of your point! Thanks!
08-31-2009, 6:22 AM
Thank you for the reference source. That is exactly what I needed. Much appreciated.
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