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DevLcL
04-20-2010, 3:32 PM
I let my father borrow my Ruger GP100 (357 mag) for home defense and because he enjoys the occasional target practice. Well today it was confiscated by a Sheriff's deputy. I learned of the reason only after a lengthy and somewhat reassuring phone conversation with the Deputy.

Edit:There was more to this post, but I decided to delete it.

Don't let anyone borrow your firearms for any reason, ever. Not even to your own dad.

:(

Chester
04-20-2010, 3:48 PM
Man, maybe I've been watching too many movies, but that just sounds like one of those "everybody winds up dead" stories.

Sorry to hear about your gun though. Hope you get it back and that guy finds someone else's hospitality to mooch off of.

*EDIT* Quote removed out of respect of OP's decision to omit personal details.

Nose Nuggets
04-20-2010, 3:56 PM
No good deed....

Havoc70
04-20-2010, 3:57 PM
Sounds to me like dad needs to learn to say "No" a bit more often. Reminds me of my dad. He's a sucker for a sad story.

barrym66
04-20-2010, 4:18 PM
Wow....FYI you may want to become familiar with CA gun law as it pertains to extended loans and family members before you meet with the DA... I believe there is a 30 day max loan (w/o doing DOJ transfer paperwork) and he has to have a current HSC....

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.

Big Jake
04-20-2010, 4:26 PM
I let my father borrow my Ruger GP100 (357 mag) for home defense and because he enjoys the occasional target practice. Well today it was confiscated by a Sheriff's deputy. I learned of the reason only after a lengthy and somewhat reassuring phone conversation with the Deputy.

My father is an upstanding guy who doesn't have any convictions of any sort. In fact, he's done restaurant design for almost 20 years. He's the kind of guy that avoids confrontation if you know what I mean. He's been in a relationship with this woman for years now, they have lived together for almost the whole time. Within the last six months or so, weirdly, this woman's ex-husband somehow moved in with the two. He's unemployed, but according to my dad he's "a good guy to have around" because he does yard work during the day and small repairs and things of that nature.

To me it all sounded like some kind of shady arrangement from the get go and today I suffered the consequences of it. The deputy stopped by my father's house today just to check things out, because this man, the ex-husband, is apparently a convicted felon. In the terms of his parole he is forbidden specifically from alcohol, marijuana, and firearms. Of course when the deputy found all three on the premises, there was a problem.

Like I said, I spoke with the deputy at length and I'm also getting in touch with the DA, so there really isn't much more to be done. Thankfully a written statement from me along with a receipt of sale should get my gun back. The moral of the story though? I think there are a few but I'll just give you my favorite; Don't let anyone borrow your firearms for any reason, ever. Not even to your own dad.

:(


No disrespect towards your father, however, what in the heck is he thinking letting his GF's ex husband move in with him? That in itself is weird! :confused:

bwiese
04-20-2010, 4:38 PM
Make no admissions against interest concerning time, frequency or duration of your loan of the revolver to your father. I hope he has an HSC.

DevLcL
04-20-2010, 4:38 PM
No disrespect towards your father, however, what in the heck is he thinking letting his GF's ex husband move in with him? That in itself is weird! :confused:

Your telling me. I've seen some weird things and yeah... it's weird.

Well all know when women get involved, men do weird things.

Shotgun Man
04-20-2010, 5:43 PM
Make no admissions against interest concerning time, frequency or duration of your loan of the revolver to your father. I hope he has an HSC.


I'd hate to see this get worse for you.

Maybe you can get a CGF consultation.

Barkoff
04-20-2010, 5:50 PM
What's the old saying, lie down with pigs, and sooner or later...

paul0660
04-20-2010, 5:53 PM
So they took the gun, and didn't violate the ex-felon?

DevLcL
04-20-2010, 6:08 PM
So they took the gun, and didn't violate the ex-felon?

Exactly. The deputy told me that he was going to file it with the DA as a violation of parole terms, but I have no idea why he wasn't arrested. I didn't go into it that far with the deputy.

My dad did do his HSC but I'm not sure if it's current. Rest assured my statement will clearly state that it was a one time loan that was to last for no longer than 29 days.

Thanks for everything to think about, your comments are why I decided to post here.

jester
04-20-2010, 6:11 PM
No good deed....



Goes unpunished...

Hope you get your gun back!
& your dad figures out that wasn't a good idea

Shotgun Man
04-20-2010, 6:12 PM
Exactly. The deputy told me that he was going to file it with the DA as a violation of parole terms, but I have no idea why he wasn't arrested. I didn't go into it that far with the deputy.

My dad did do his HSC but I'm not sure if it's current. Rest assured my statement will clearly state that it was a one time loan that was to last for no longer than 29 days.

Thanks for everything to think about, your comments are why I decided to post here.

But if your Dad's HSC wasn't current, isn't there some liability involved? It's a pretty arcane area of the law. I don't have a ready answer.

ETA:

12072
(d) Where neither party to the transaction holds a dealer's
license issued pursuant to Section 12071, the parties to the
transaction shall complete the sale, loan, or transfer of that
firearm through a licensed firearms dealer pursuant to Section 12082.



This section does not apply to the infrequent loan with to someone with an HSC per 12078 as previously quoted in this thread.

Without a current HSC on the part of the loanee, it sounds like a possibly unlawful transfer. So I would hold my horses until I had my ducks in a row in talking to the DA (sorry to mix metaphors).

Window_Seat
04-20-2010, 6:19 PM
Contact bwiese, and delete your post.

Erik.

CnCFunFactory
04-20-2010, 6:32 PM
Contact bwiese, and delete your post.

Erik.

Best advice yet, I concur!

ElCUBANO
04-20-2010, 6:57 PM
The deputy can't arrest him for the parole violation. He would have to charge him with some violation of law and then request the parole officer place a hold on him. The PO would then request a parole warrant.The deputy could only search the common areas of the house and the parolees room or sleeping area how did he find out about the gun.

paul0660
04-20-2010, 7:02 PM
Another story that doesn't make sense.........from a low post OP.

DevLcL
04-20-2010, 7:44 PM
Well I'm not about to go accusing the deputy of improper procedure. I'd love bwiese's expert assistance, but there's no way I could afford it. Time will tell I suppose.

anthonyca
04-20-2010, 7:48 PM
Exactly. The deputy told me that he was going to file it with the DA as a violation of parole terms, but I have no idea why he wasn't arrested. I didn't go into it that far with the deputy.

My dad did do his HSC but I'm not sure if it's current. Rest assured my statement will clearly state that it was a one time loan that was to last for no longer than 29 days.

Thanks for everything to think about, your comments are why I decided to post here.

The less you say to the police or DA the better. Others have given you reasons why.

45DAVID1
04-20-2010, 7:59 PM
One word.....METH

bwiese
04-21-2010, 9:28 AM
Well I'm not about to go accusing the deputy of improper procedure. I'd love
bwiese's
expert assistance, but there's no way I could afford it. Time will tell I suppose.

Whoa there - I am not a lawyer/"expert" on this matter, and I do not and cannot charge for discussing matters like this.
When I write or discuss something here it is not formal legal advice, which can only be offered by a lawyer.

Nevertheless, what I wrote above is sound. Don't put yourself at risk to get your revolver back.

Probably nothing will happen, but you never know. The fact that the gun was with your father is helpful, they may not dig deeper.

Big Jake
04-21-2010, 10:04 AM
Your telling me. I've seen some weird things and yeah... it's weird.

Well all know when women get involved, men do weird things.

Yes it is!