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View Full Version : can one person store another person's firearms?


Whiterabbit
02-01-2011, 9:50 PM
Here's a hypothetial question. In this hypothetical situation, we have Person A who wants a firearm but for familial reasons, wants to keep it in a safe. Person B has a safe with space and is family/in-law, and has the ability to store such a firearm. Person A has no access to said safe without Person B being involved/scheduled.

So Person A owns the firearm as per law, but Person B has de-facto 24 hour access and stores said firearm on his property.

Legal? Not Legal?

jtmkinsd
02-01-2011, 9:57 PM
It's perfectly fine. "Person A" is just storing his/her firearm in "Person B's" safe...no biggie. All the info about not having access is kind of odd...would make no difference legally if they did have access or not...unless there is something more to the story. :rolleyes:

bruss01
02-02-2011, 7:46 AM
Would that be considered "loaning" to a disinterested third party?

In order to avoid loaning, what would be required? Trigger lock that only the actual owner has access to?

GrizzlyGuy
02-02-2011, 8:15 AM
It's perfectly fine. "Person A" is just storing his/her firearm in "Person B's" safe...no biggie. All the info about not having access is kind of odd...would make no difference legally if they did have access or not...unless there is something more to the story. :rolleyes:

Does anyone know of case law, an AG memo or something similar that confirms what jtmkinsd is saying? It seems to me that since person B has possession and control of person A's firearm, and person A doesn't even have the means to access it without person B being involved, this would be a loan governed by 12070 (http://law.onecle.com/california/penal/12070.html) and/or 12078 (http://law.onecle.com/california/penal/12078.html).

I've never seen an exception in the penal code for 'storage <> loan' and there are various restrictions on loans summarized here (http://wiki.calgunsfoundation.org/index.php/FAQ#Loaning_Questions).

jtmkinsd
02-02-2011, 10:22 AM
Does anyone know of case law, an AG memo or something similar that confirms what jtmkinsd is saying? It seems to me that since person B has possession and control of person A's firearm, and person A doesn't even have the means to access it without person B being involved, this would be a loan governed by 12070 (http://law.onecle.com/california/penal/12070.html) and/or 12078 (http://law.onecle.com/california/penal/12078.html).

I've never seen an exception in the penal code for 'storage <> loan' and there are various restrictions on loans summarized here (http://wiki.calgunsfoundation.org/index.php/FAQ#Loaning_Questions).

There are no specific laws about storage of firearms. But from a pure liability standpoint, steps should be taken to make sure the firearm isn't accessible...so put a lock on it before you give it to anyone to store...simple.

WileyWilly
02-02-2011, 10:36 AM
Write up a storage agreement to rent/lease space in person B's safe, both sign, exchange $1 or other valuable consideration, put a lock on gun and you should be done.

Full Clip
02-02-2011, 10:46 AM
I'd think RAWs would be out of the question...

paul0660
02-02-2011, 11:04 AM
It's neither fish nor fowl.

Put a lock on it, and it isn't a loan, I think.

I wouldn't go the written storage agreement, because I think you need a FFL to "store" guns.

jtmkinsd
02-02-2011, 11:29 AM
It's neither fish nor fowl.

Put a lock on it, and it isn't a loan, I think.

I wouldn't go the written storage agreement, because I think you need a FFL to "store" guns.

Negative.

Also, the written agreement is an ok idea, the exchange of $1 is just bizarre.

paul0660
02-02-2011, 11:33 AM
Ok Doke.

H3llpl3ss
02-02-2011, 1:09 PM
I thought handguns can only be loaned for up to 30 days at a time and that the person borrowing or storing it had to have a valid HSC.

stix213
02-02-2011, 1:35 PM
Write up a storage agreement to rent/lease space in person B's safe, both sign, exchange $1 or other valuable consideration, put a lock on gun and you should be done.

This is what I would do also, otherwise I don't see how it could argued that it isn't a loan. Loan of a firearm would be limited to 30 days, and if it included an handgun the person storing it would need a HSC.