View Full Version : Legal qusestion on borrowing a gun and or lending.

06-29-2005, 12:31 PM
I saw this discussion come up on another thread which ended with 3 or 4 messages and "Dont know if its legal to lend".

I ask this as a freind of mine has a Nice 9mm I would like to borrow to take to a range, I have to get my own magazine, but other than that I would like to borrow his gun to to the range punch some paper at 50 yards, Come home clean the gun, return the gun. (Mabey a couple days inbetween where It would be stored with a trigger lock in place)

anyone know if this is a OK thing or is this a big NONO ??

I aprecate all input as it would be fun to switch every little while from 22 to 9mm..


p.s. looking to spend some range time on friday.

50 Freak
06-29-2005, 1:08 PM
AW's are a definite NO NO. Can't ever lend those to anyone. Not even immediate family. Not sure about "regular" firearms.

I make it a point never to lend my stuff to anyone. If the person you lend something to, goes nuts and takes out a pre-school. Guess who is going to jail along side the shooter.

06-29-2005, 1:09 PM

The infrequent lending of a firearm (long gun or handgun) for period(s) of up to 30 days can be legal:

Calif PC 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 Jan 1, 2003, the individual being loaned the handgun has a valid handgun safety certificate.

The firearm(s) in question should not be considered 'assault weapons' in CA, and it is not legal to loan out (or accept loan of) hicap magazines.

You'd also need to hold a current HSC (Handgun Security Certificate) - not the old BFSC (Basic Firearms Safety Certificate), be not prohibited from owning a firearm (felon, under indictment, convicted of disqualifying misdemeanors, etc.)

The problem here is vagueness of "infrequent" term in statute quoted above, and whether total time of all loan periods is a max of 30 days or whether each loan period is 30 days individually.

If I were your friend I'd be a bit leery, too: if you were stopped by a cop (say, traffic stop) and the gun were found, even if everything else is OK, it could possibly end up seized and he might have to go thru a bunch of hoops to get his gun back.

So in theory it's legal - but you're pushing near the limits since, by your own admission, this is gonna be at least a bit more than 'infrequent'.

Go get yourself your own 9mm. You can often get Ruger P89 9mm handguns for as low as $350-$375, brand new.

Bill Wiese
San Jose

06-29-2005, 1:11 PM
you may let an adult shoot your AW in your presence.

06-29-2005, 4:18 PM
I would type up two copies of a letter stating what firearm was being lent to who and expected length of lone. Both of you sign both copies then keep one with the gun and one with the owner.