PDA

View Full Version : Holding a gun


Soccer
04-22-2011, 8:41 PM
I'm sorry if this has been asked before but I could not find it.

My bestfriend is about to ship out oversea's and he wants me to hold on to his pistol. But before I take it I want to make sure that I am not breaking any laws. I am 19 but I do have my handgun owners certificate (got bored :D ). Will I be breaking anylaws by holding on to it for him? I wouldn't be open carrying it or anything but probably just taking it to the range every now and then.

Bigbird19
04-22-2011, 9:29 PM
In a similar situation, Curious to hear the answer.

:wheelchair:

Sub95
04-22-2011, 9:39 PM
you have to be 21 to have a hand gun. there is more to this but does not apply to your question.

but if he is a very good friend, i would have him sign something saying he is leaving it with you. and just put it in the safe tell he gets back.

Oceanbob
04-22-2011, 9:42 PM
I'm sorry if this has been asked before but I could not find it.

My bestfriend is about to ship out oversea's and he wants me to hold on to his pistol. But before I take it I want to make sure that I am not breaking any laws. I am 19 but I do have my handgun owners certificate (got bored :D ). Will I be breaking anylaws by holding on to it for him? I wouldn't be open carrying it or anything but probably just taking it to the range every now and then.

Is to have your friend PPT the weapon to your Father or Mother (or grand parent)...then they could legally transfer it (via Interfamily transfer) to you as long as you're 18 or over.

Bigbird19
04-22-2011, 9:43 PM
you have to be 21 to have a hand gun.

but if he is a very good friend, i would have him sign something saying he is leaving it with you. and just put it in the safe tell he gets back.

I was thinking the same thing. When I searched the topic of "Loaning" (is what california would classify this situation" the biggest concern/topic that was brought was what would happen to him(my friend/loaner) if the gun was used in a force situation because that is when it would get sticky.

Like I said though its gonna chill in the safe and I might take it to the range once a month.

Sub95
04-22-2011, 9:48 PM
I would'nt even take it out of the safe.
nothing would probably happen to him other then loosing a gun, it will all come down on you if you get rolled up.

Librarian
04-22-2011, 9:48 PM
Handguns to under-21 is a problem.

It's legal for parent or grandparent to give you a handgun, but no one else.

FFLs are prohibited by both state and Federal law from transferring handguns to under-21.

Ordinarily, one might do a PPT (Private Party Transfer) at an FFL, and then the gun would actually be yours; whatever agreement to 'sell back' two of you might make isn't part of firearms law. But PPT requires using an FFL, so that can't work.

At minimum, the handguns have to go to someone 21 or older; easiest would be to the parent(s) of the persons now with the guns, because that would be intrafamily going UP the family instead of DOWN, which is also legal.

Soccer
04-22-2011, 9:56 PM
So if he transfers it to a parent, they can transfer it down to me? legally sounds easy

Hardest part is convincing my parents who don't even know I shoot :P

Oceanbob
04-22-2011, 9:57 PM
that would not require an FFL regarding you (at age 19)...

If your parents or grandparents can take the weapon thru a PPT with your friend that is leaving the Country.

After that happens then have them transfer the weapon to you. (No FFL needed)

Some copy and paste about this:

(2) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a handgun by gift, bequest,
intestate succession, or other means by one individual to
another if both individuals are members of the same immediate
family and all of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within
30 days of taking possession of the firearm, forward by prepaid
mail or deliver in person to the Department of Justice, a
report that includes information concerning the
individual taking possession of the firearm, how title was
obtained and from whom, and a description of the firearm in
question. The report forms that individuals complete pursuant
to this paragraph shall be provided to them by the Department
of Justice.
(B) The person taking title to the firearm shall first obtain a
handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or
older.

*Notice they say 18 or older from a family member..?..*

Here is the FORM...under acquired from for instance you would put
your fathers name...under how possession was obtained you would write:
Gift from Father.

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Just send in a Check for $19 with this form.

More Copy and paste from the Cal Guns Foundation website:

Handgun transfer to 18-20 is OK
12078(c)(2) also means parents or grandparents can transfer handguns to children or grandchildren 18 or older. Since it's illegal for dealers to transfer handguns to people under 21, this is the way people 18, 19 and 20 can legally receive handguns. (Penal Code 12026 is quite clear that those 18 and over can "own, possess, [and] keep ..." a pistol or revolver.)

HSC is required
The Handgun Safety Certificate is required for handgun transfers, even though the Transaction Report has no place to record the HSC number or other verification that the receiver has the HSC.

These transfers are exempt from the Roster

Link to read for yourself:

http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members

That's about the only way I can think of.

Bob

Ubermcoupe
04-22-2011, 10:04 PM
Intrafamilial transfer is the only way I know of for legal ownership of a HG for <21.

If your friend is just looking to store it for awhile (not sure how long) Many FFL/Gun Shops have some sort of rental/lease storage ability. The same goes for some gun clubs. I would call around to check/compare prices.

I am sure your friend could also transfer them out of state to a family member and transfer them back to himself when he/she returns using the CADOJ form.

Hope that helps.