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View Full Version : Legal question - can my wife transport my firearms?


nic
06-04-2011, 8:36 AM
Hello CGN'ers,
I have a question that I need some help answering. I finally got married to my lady of 8 years, and I was wondering about the legalities of her transporting any of my firearms without me present. The biggest complication is that we're both grad students, and she's here on a student visa at the moment (her green card has not come through yet, and it will probably be a few months before it does).

Would it be legal for her to transport any of my firearms in her vehicle, for example, if she were going to the range? She is an avid shooter and we've always gone shooting together, so it's never really been an issue since I've always been the one transporting the guns. Would she just need an HSC card?

Thanks for any help you can give us!

-Nic

hoffmang
06-04-2011, 9:11 AM
She may need a hunting license but that's before I dive deep on exactly this scenario. But for her immigration status, the answer would be fully yes.

-Gene

GrizzlyGuy
06-04-2011, 9:29 AM
Yes, she needs a HSC. While she is transporting your guns without you being present, you have essentially loaned her the guns. See here in the FAQ: Can I loan a handgun to an adult who does not have a Handgun Safety Certificate? (http://wiki.calgunsfoundation.org/index.php/FAQ#Can_I_loan_a_handgun_to_an_adult_who_does_not_ have_a_Handgun_Safety_Certificate.3F)

Yes, if the person is known to you, the loan is infrequent and you will remain in their immediate vicinity at all times. The loan duration is limited to 3 days.

If the person is not known to you, you may loan the handgun to them at an official target range for the purpose of shooting targets if the firearm remains on the premises of the target range.

Ref: 12078 PC

If you aren't in the car with her, then you aren't "in their immediate vicinity at all times". If she has a HSC, then you're OK: Can I loan a handgun to an adult who has a Handgun Safety Certificate? (http://wiki.calgunsfoundation.org/index.php/FAQ#Can_I_loan_a_handgun_to_an_adult_who_has_a_Han dgun_Safety_Certificate.3F)

Fate
06-04-2011, 9:29 AM
Is it legal for my wife to LUCC one of my pistols, in a car registered to both of us (without me present), legal? Does she need a HSC or does "community property" cover her?

I think it was mentioned in an old thread that a HSC would make things cleaner should she ever be forced to use it, but wasn't mandatory in a spousal situation.

cadillacmike
06-04-2011, 12:38 PM
The complicating factor here is your wife's immigration status.

edgerly779
06-04-2011, 12:42 PM
Does not need a hunting license to possess or transport guns.

Cokebottle
06-04-2011, 12:45 PM
Is it legal for my wife to LUCC one of my pistols, in a car registered to both of us (without me present), legal? Does she need a HSC or does "community property" cover her?

I think it was mentioned in an old thread that a HSC would make things cleaner should she ever be forced to use it, but wasn't mandatory in a spousal situation.
More of the stupidity of CA gun laws.
I have 4 handguns registered to me. 2 are registered to my wife.
My HSC expires in about 6 months... I won't renew until I plan to buy another gun (which will probably be about 2 weeks after it expires).
The complicating factor here is your wife's immigration status.
This.
Generally, as Gene mentioned, no green card = Hunting license required.
Incidentally, the hunting license is required for mere possession, regardless of whether the owner is present or not. Non-resident aliens are by default "prohibited" persons.

Cokebottle
06-04-2011, 12:57 PM
Does not need a hunting license to possess or transport guns.
Not true.

From the 03FFL application:

http://www.calguns.net/calgunforum/attachment.php?attachmentid=100893&stc=1&d=1307221009