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mrdd
08-18-2011, 2:09 PM
Here is something I noticed while I was searching the PC.

12125. (a) Commencing January 1, 2001, any person in this state who
manufactures or causes to be manufactured, imports into the state
for sale, keeps for sale, offers or exposes for sale, gives, or lends
any unsafe handgun shall be punished by imprisonment in a county
jail not exceeding one year.

Is this true that only rostered, unmodified handguns can be lent to some other person? Even for a 30 day loan between persons known to each other?

bwiese
08-18-2011, 2:34 PM
PC 12078(d) contains the infrequent loan exemption to requirement of using a CA dealer (12072(d)).

Thus it is exempted by 12132(b) - which pulls things out of the 12125 prefatory definitions relating to 'unsafe handguns' -
if the loan is indeed valid (30 days or less, parties known to each other, nonprohibited, and the borrower of said handgun
holds a valid HSC card.


===========================================
12132(b) The sale, loan, or transfer of any firearm that is exempt
from the provisions of subdivision (d) of Section 12072 pursuant to
any applicable exemption contained in Section 12078, if the sale,
loan, or transfer complies with the requirements of that applicable
exemption to subdivision (d) of Section 12072.
===========================================

mrdd
08-18-2011, 3:23 PM
Okay, thanks Bill.

bwiese
08-18-2011, 3:59 PM
Many CA firearms laws are configured so they are blanket bans by default, then little exceptions and exemptions are added on - either during formulation before passage, or via subsequent legislation down the line.

Andy Taylor
08-19-2011, 6:49 AM
PC 12078(d) contains the infrequent loan exemption to requirement of using a CA dealer (12072(d)).

Thus it is exempted by 12132(b) - which pulls things out of the 12125 prefatory definitions relating to 'unsafe handguns' -
if the loan is indeed valid (30 days or less, parties known to each other, nonprohibited, and the borrower of said handgun
holds a valid HSC card.


===========================================
12132(b) The sale, loan, or transfer of any firearm that is exempt
from the provisions of subdivision (d) of Section 12072 pursuant to
any applicable exemption contained in Section 12078, if the sale,
loan, or transfer complies with the requirements of that applicable
exemption to subdivision (d) of Section 12072.
===========================================



Does the borrower have to have an HSC, or would an HSC exemption for purchase suffice, such as a LTC?